Agenda Document Pack - Planning and Placemaking Committee - 11/03/2026
Perth and Kinross Council · 11 March 2026
Back to Planning and Placemaking Committee — 11 March 2026 and its agenda
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Ambition | Compassion | Integrity Our vision is for a Perth and Kinross where everyone can live life well, free from poverty and inequality Council Building 2 High Street Perth PH1 5PH 02/03/2026 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chamber on Wednesday, 11 March 2026 at 09:30. If you have any queries please contact Democratic Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Councillor Ian Massie (Convener) Councillor Grant Stewart (Vice-Convener) Councillor Keith Allan Councillor Bob Brawn Councillor Dave Cuthbert Councillor Ken Harvey Councillor David Illingworth Councillor Ian James Bailie Claire McLaren Councillor Richard Watters Bailie Mike Williamson Page 1 of 142
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Planning and Placemaking Committee Wednesday, 11 March 2026 Agenda Members are reminded of their obligation to declare any financial or non- financial interest which they may have in any item on this agenda in accordance with the councillors’ code of conduct. 1 WELCOME AND APOLOGIES/SUBSTITUTES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF THE PLANNING AND PLACEMAKING COMMITTEE OF 11 FEBRUARY 2026 FOR APPROVAL (copy herewith) 5 - 48 4 DEPUTATIONS 5 APPLICATIONS FOR DETERMINATION 5(1) MAJOR APPLICATIONS 5(1)(i) 25/00984/FLM - FORMATION OF A TRACK COMPRISING A RUNNING SURFACE OF APPROXIMATELY 1.2 KILOMETRES IN LENGTH, BRIDGE, ACCESS, LAYDOWN/WORK COMPOUND AREA(S), DRAINAGE, LANDSCAPING AND OTHER ANCILLARY WORKS, LAND 360 METRES NORTH OF GLASSICK FARM, BRACO, DUNBLANE, FK15 9QZ Report by Development Management and Building Standards Service Manager (copy herewith 26/63) 49 - 108 5(1)(ii) 25/01441/42M - SECTION 42 TO MODIFY CONDITION 8 (FINISHED FLOOR LEVELS) OF PERMISSION 22/01827/AMM, MORRIS LESLIE, ERROL AIRFIELD, GRANGE, ERROL, PERTH, PH2 7TB Report by Development Management and Building Standards Service Manager (copy herewith 26/64) 109 - 128 5(2) LOCAL APPLICATIONS Page 3 of 142
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5(2)(i) 18/02341/FLL - CHANGE OF USE OF AGRICULTURAL LAND TO FORM EXTENSION TO GYPSY/TRAVELLER PITCH, ERECTION OF KENNELS, AMENITY BLOCK, FENCE AND ASSOCIATED WORKS (IN PART RETROSPECT), 4B GREENACRES, BLAIRADAM, KELTY, KY4 0JA Report by Development Management and Building Standards Service Manager (copy herewith 26/65) 129 - 142 Page 4 of 142
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DRAFT Planning and Placemaking Committee Minute of hybrid meeting of the Planning and Placemaking Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 11 February 2026 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, K Harvey D Illingworth, I James, Bailie C McLaren, R Watters, and Bailie M Williamson. In Attendance: L McLean, C Morilly, S Panton, L Reid, K Smith, and P Williamson (all Economy, Development and Planning); A Brown, G Fogg, C MacLeod and M Pasternak (all Legal and Governance). Councillor I Massie, Convener, Presiding. 1. Welcome and Apologies The Convener welcomed everyone present to the meeting and noted apologies as above. 2. Declarations of Interest There were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. Minutes The minute of meeting of the Planning and Placemaking Committee of 7 January 2026 was submitted and approved as a correct record. 4. Deputations In terms of Standing Order 13, the Committee agreed to hear deputations in relation to the following planning applications: Planning Application No. Item No. 25/00685/FLM 5(2)(i) 25/00824/FLM 5(2)(ii) 25/00725/FLL 5(3)(i) 5. Applications For Determination (1) Section 36 Consultations (i) 25/01007/ECU36 - Erection of 13 turbine windfarm and associated works - ECU00004782, land 6000 metres south of Longfauld, Blackford, Auchterarder, PH4 1QU (Report No. 26/38) Motion (Councillors I Massie and B Brawn) 3 Page 5 of 142
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DRAFT Offer no objection to the proposal and request the imposition of the following suggested conditions: Suggested Conditions Commencement of Development 1. The Development must be commenced no later than three years from the date of this planning permission. Written confirmation of the intended date of Commencement of Development shall be provided to the Planning Authority no later than one calendar month before that date. Reason - Section 58 of the Town and Country Planning (Scotland) Act 1997 requires a condition to be attached to permissions limiting their duration. Three years is the default period set by law and there is no material reason indicating that a different period should be set. Design of Wind Turbines 2. (1) No turbines shall be erected until details and specification of the proposed wind turbines (including the size, make and model, power rating and sound power levels, nameplate generating capacity, type, external finish and colour) and all turbine associated apparatus have been submitted to and approved in writing by the Planning Authority. (2) For the avoidance of doubt the scale of the turbines shall not exceed the parameters assessed in the EIA Report and set out in the description of the Development. (3) The submission shall demonstrate that all wind turbine blades shall rotate in the same direction. (4) Thereafter the wind turbines and all associated apparatus shall be constructed and operated in accordance with the details approved under part (1) and shall be maintained in the free from external rust, staining or discolouration, until such time as the Development is decommissioned. Reason - To ensure that the environmental impacts of the turbines forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Design of Sub-station and ancillary development 3. (1) There shall be no Commencement of Development of the sub-station until final details of its location, layout, external appearance, dimensions, and surface materials, and control room buildings, any above ground electrical equipment, associated compounds, construction compound, boundary fencing, external lighting and parking areas have been submitted to, and approved in writing by, the Planning Authority. (2) Thereafter, the substation and control room buildings, any above ground electrical equipment, associated compounds, fencing, external lighting and parking areas shall be constructed in accordance with the details approved under part (1). Page 6 of 142
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DRAFT Reason - To ensure that the environmental impacts of the sub-station and ancillary development forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Design of Energy Storage Facility 4. (1) There shall be no Commencement of Development on the energy storage facility until details of the location, layout, external finishes and appearance, dimensions and surface materials of the energy storage facility, inclusive of battery containers, substation(s), control buildings, external above ground electrical equipment, associated compounds, construction compound, boundary fencing and other enclosures, external lighting, security cameras and parking areas have been submitted to, and approved in writing by, the Planning Authority. For the avoidance of doubt the details of the energy storage facility shall not exceed the parameters assessed in the EIA Report. (2) Thereafter, the battery energy storage facility shall be constructed in accordance with the details approved under part (1) and the infrastructure shall be maintained in the approved colour, free from rust, staining or discolouration until such time as the Development is decommissioned. Reason - To ensure that the environmental impacts of the energy storage facility forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Signage 5. No part of the Development shall display any text, logo, sign or advertisement (other than health and safety signage as required by law) or be illuminated (with the exception of aviation safety lighting). Reason - In the interests of health and safety on site and the visual amenity of the area. Micro-siting 6. All wind turbines, buildings, areas of hardstanding, associated infrastructure and tracks shall be constructed in the locations shown on plan reference Volume 3a, Figure 3.1a Site Layout read in conjunction with Volume 2, Chapter 3 - Description of Development. The locations of wind turbines, buildings, areas of hardstanding and tracks may be adjusted by micro-siting within the redline boundary shown on plan reference Figure 3.1a Site Layout. Any such micro- siting is subject to the following restrictions unless otherwise approved in advance in writing by the Planning Authority: (a) no wind turbine, building, hardstanding or access track shall be moved more than 50m from the position shown on Figure 3.1a Site Layout and at the grid references set out in Table 3-4 of Volume 2, Chapter 3 Description of Development; (b) No micro-siting shall take place with the result that infrastructure (excluding floating tracks or Page 7 of 142
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DRAFT hardstanding) has a greater overall impact on peat than the original location; (c) no infrastructure other than as required for a water course crossing or water crossing upgrading works shall be micro-sited to within 50 metres of a water course; (d) No wind turbine foundation shall be positioned higher than 5m Above Ordnance Datum (AOD) than the position for that turbine shown at the grid references set out in Volume 2, Chapter 3 of the AI Report; (e) no micro-siting shall take place which will bring the wind turbine blade tips closer than 50m stand-off distance to high-value bat habitat. All micro-siting permissible under this condition shall be submitted to, and approved in writing by, the Environmental Clerk of Works (ECoW) in advance of any works or development associated with the micro-siting request being implemented. No later than three months after the Date of Final Commissioning, an updated site layout plan showing the final position of all wind turbines, buildings, areas of hardstanding, tracks and associated infrastructure forming part of the Development shall be submitted to the Planning Authority. The plan shall also specify areas where micro- siting has taken place and, for each instance, be accompanied by copies of the ECoW or Planning Authority’s approval, as applicable. Reason - to control environmental impacts while taking account of local ground conditions. Planning Monitoring Officer 7. (1) There shall be no Commencement of Development until the terms of appointment by the developer of an independent and suitably qualified consultant as Planning Monitoring Officer (PMO) have been submitted to, and approved in writing by, the Planning Authority. The terms of appointment shall: (a) impose a duty to monitor compliance with the terms of the planning permission and the conditions attached to it; (b) require the PMO to submit a monthly report to the Planning Authority summarising works undertaken on site, matters of compliance or otherwise with the terms of the planning permission and conditions attached to it, alongside a summary of the incidents recorded and reported by the ECoW; and (c) require the PMO to report to the Planning Authority any incidences of non compliance with the terms and conditions of the planning permission at the earliest practical opportunity, and no later than 10 working days following the incidence of non-compliance. (2) The PMO shall be appointed on the approved terms throughout the period from Commencement of Development Page 8 of 142
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DRAFT to completion of construction works and post-construction site reinstatement works. (3) Prior to the decommissioning, restoration and aftercare phases of the Development or the expiration of the operational period of the planning permission (whichever is the earlier), details of the terms of appointment of a suitably qualified consultant as PMO by the Company/operator throughout the decommissioning, restoration and aftercare phases of the Development shall be submitted to, and approved in writing by the Planning Authority. (4) The PMO shall be appointed on the terms approved under part (3) throughout the decommissioning, restoration and aftercare phases of the Development. Reason - To ensure compliance with the planning permission and the conditions attached to it. Ecological Clerk of Works 8. (1) There shall be no Commencement of Development until the terms of appointment of an independent Ecological Clerk of Works (ECoW) have been submitted to, and approved in writing by, the Planning Authority. The terms of appointment shall: (a) impose a duty to monitor compliance with the environmental commitments provided in the EIA Report, including any micrositing under condition 6, the Construction and Environmental Management Plan approved under condition 9, the Biodiversity Enhancement Plan approved under condition 15, the Habitat Management and Monitoring Plan under Condition 16 and any species or habitat management plans identified in the EIA Report, (“the ECoW works”); (b) require the ECoW to report to the nominated construction project manager, developer and Planning Authority any incidences of non-compliance with the ECoW works at the earliest practical opportunity; (c) require the ECoW to submit a monthly report to the construction project manager, developer and Planning Authority summarising works undertaken on site. (2) Prior to the decommissioning, restoration and aftercare phases of the Development or the expiration of the operational period of the planning permission (whichever is the earlier), details of the terms of appointment of a suitably qualified, experienced, and independent ECoW by the Company throughout the decommissioning, restoration and aftercare phases of the Development shall be submitted to, and approved in writing by the Planning Authority. (3) The ECoW shall be appointed on the terms approved under part (2) throughout the decommissioning, restoration and aftercare phases of the Development. Page 9 of 142
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DRAFT Reason - To secure effective and transparent monitoring of and compliance with the environmental mitigation and management measures associated with the Development during the construction, decommissioning, restoration and aftercare phases. Construction and Environmental Management Plan 9. There shall be no Commencement of Development until a Construction and (1) Environmental Management Plan (CEMP) containing site specific details of all on-site construction works, post-construction reinstatement, drainage and mitigation, together with details of their timetabling, has been submitted to, and approved in writing by, the Planning Authority. The CEMP shall be informed by the site and ground investigation works and best practice guidance. (2) The CEMP shall include: (a) a site waste management plan (dealing with all aspects of waste produced during the construction period other than peat and other carbon rich soils), including details of contingency planning in the event of accidental release of materials which could cause harm to the environment, evidencing adherence with SEPA’s guidance and the requirements of the waste management licensing regime as appropriate; (b) details of the location, layout, formation of the construction compound, welfare facilities, any concrete batching plant (including disposal of pH-rich waste water and substances), any areas of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil, fuel and chemical storage, lighting columns, and any construction compound boundary fencing required for the construction period; (c) a dust management plan detailing all mitigation/dust suppression measures intended to reduce the impacts of dust on site, including measures to reduce dust on roads; (d) details of measures to be taken to prevent loose or deleterious material being deposited on the local road network including wheel cleaning and lorry sheeting facilities, and measures to clean the site entrances and the adjacent local road network; (e) a Pollution Prevention and Incident Plan incorporating a Pollution Prevention Plan, Pollution Incident Plan and a Pollution Control Monitoring Plan, with measures to protect watercourses, groundwater, management of natural surface hydrological flows (flushes, springs, etc.) and protection of peatland/soils, arrangements for the storage and management of oil and fuel and other chemicals on the site and sewage disposal and treatment; Page 10 of 142
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DRAFT (f) details of soil storage and management including outline quantities, locations (other than peat and other carbon rich soils) management of long term storage of construction generated to facilitate future site restoration; (g) a drainage management strategy, demonstrating how all surface and waste water arising during and after construction is to be managed and prevented from impacting on the water environment and to mitigate flood risk; (h) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (i) details of temporary site illumination, including measures to ensure light spill/pollution is minimised and avoids habitats within the site and does not extend beyond the immediate working area, and not beyond the site boundary; (j) Protected Species Plan, informed by any protected species surveys carried out. The Plan shall provide mitigation measures in line with Summary of Mitigation, as required, and a timetable for implementation. (k) details of the construction of the access into the site, including associated drainage and the creation and maintenance of associated visibility splays; (l) Construction Method Statements for the following: i. crane pads; ii. turbine foundations; iii. working cable trenches; iv. erection of the wind turbines; v. Substation compound formation, erection of associated buildings and ancillary infrastructure; vi. all roads/tracks to be altered/formed within the site including their width, means of drainage (which shall have regard to SUDS principles), means of construction, and edge reinstatement including verge width. vii. watercourse crossings including full details and plans of the design and specification of all new and upgraded watercourse crossings to be constructed; (m) details of post-construction restoration/reinstatement of the working areas not required during the operation of the Development; (n) a tree felling and management plan; (o) A Construction Noise Management Plan including details of the management of noise and vibration during construction and post-construction restoration, including that caused by construction traffic, in accordance with BS 5228:2009 “Code of Practice for noise and vibration control on construction and open sites – Part 1: Noise and Part 2: Vibration” (or any updated version/document which superseded this Page 11 of 142
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DRAFT document) and how any properties likely to be affected by construction noise will be kept informed; (p) Construction Method Statements for all roads/tracks to be altered/formed within the development site including their width, likelihood of widening or passing places, means of drainage (which shall have regard to SUDS principles), means of construction, and edge reinstatement including verge width. The specification shall be accompanied by relevant plans at a scale sufficient; (q) the cable trenches; (r) A phasing plan for the construction works; and (s) A written scheme which details the methodology for dealing with any revisions to any of the documents required under this part (2). Any revised documents will require to be submitted to and approved in writing by the Planning Authority prior to the revisions being implemented on site. (3) The Development shall be implemented in accordance with the CEMP approved under part (1) unless otherwise approved in advance in writing by the Planning Authority. Reason - To ensure that all construction operations are carried out in a manner that minimises their impact on road safety, amenity and the environment, and that the mitigation measures contained in the EIA Report Borrow Pits – Scheme of Works 10. There shall be no Commencement of Development until a scheme for the working and restoration of each borrow pit forming part of the Development has been submitted to, and approved in writing by, the Planning Authority. The scheme shall provide: (a) detailed working method statement based on site survey information and ground investigations; (b) details of the handling of any overburden (including peat, soil and rock); (c) drainage measures, including measures to protect and manage surrounding are-as of peatland, water dependent sensitive habitats and ground water de- pendent terrestrial ecosystems from drying out; (d) a programme of implementation of the works described in the scheme; and (e) outline details of the reinstatement, restoration and aftercare of the borrow pit(s) to be undertaken at the end of the construction period, including topographic surveys of pre-construction profiles and details of topographical surveys to be undertaken of the restored borrow pit profiles. The scheme approved shall thereafter be implemented in full following Commencement of Development. Reason - To ensure that excavation of materials from the borrow pit(s) is carried out in a manner that minimises the impact on amenity and the environment, and to secure the Page 12 of 142
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DRAFT restoration of borrow pit(s) at the end of the construction period. Borrow Pits – Blasting 11. No blasting shall take place until a scheme specifying blast monitoring locations is submitted to and approved in writing by the Planning Authority. Ground vibration from blasting shall not exceed a peak particle velocity of 6mm/second at the blasting monitoring locations approved in the scheme. The measurement is to be the maximum of three mutually perpendicular directions taken at the ground surface. Unless otherwise approved in writing in advance by the Planning Authority, any blasting activities will be limited to Monday to Friday 07:00 to 18:00 and 07:00 to 13:00 on Saturdays, with no blasting taking place on a Sunday or on a Public Holiday. The scheme shall be implemented as approved. Reason - To ensure that blasting activity is carried out within defined parameters and timescales to control impact on amenity. Construction Hours 12. Construction work shall only take place between the hours of 07.00 to 19.00 on Monday to Friday inclusive and 07.00 to 16.00 on Saturdays, with no construction work taking place on a Sunday or Public Holiday. Outwith these specified hours, maintenance works, emergency works and construction works shall be limited to concrete pours, wind turbine erection, dust suppression, and the testing of plant and equipment, unless otherwise approved in advance in writing by the Planning Authority. HGV movements (excluding abnormal loads) to or from the site during construction of the wind farm shall be limited to 07.00 to 19.00 Monday to Friday (inclusive), and 07.00 to 16.00 on Saturdays, with no HGV movements to or from site taking place on a Sunday or Public Holiday. Outwith these hours HGV movements are to be limited to wind turbine delivery (unless otherwise approved in advance in writing by the Planning Authority). Reason - In the interests of local amenity. Construction Traffic Management Plan 13. There shall be no Commencement of Development until Construction Traffic Management Plan (CTMP) has been submitted to, and approved in writing, by the Planning Authority. The CTMP shall provide: (a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; (b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; Page 13 of 142
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DRAFT (c) a code of conduct for HGV drivers to allow for queuing traffic to pass; (d) arrangements for liaison with the Roads Authority regarding winter maintenance; (e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; (f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; (g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; (h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; (i) details of information signs to inform other road users of construction traffic; (j) arrangements to ensure that access for emergency service vehicles are not impeded; (k) co-ordination with other significant developments known to use roads affected by construction traffic; (l) traffic arrangements in the immediate vicinity of temporary construction compounds; (m) the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; (n) monitoring, reporting and implementation arrangements; (o) arrangements for dealing with non-compliance; and (p) details of HGV movements to and from the site. The CTMP as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. Vehicular Access 14. There shall be no Commencement of Development until a detailed design showing the accommodation works to facilitate the construction of the development for the C468 public road is submitted for written approval. The detailed design will include the following: (a) Road widening scheme from A9 to access track at Carim Lodge; (b) Junction from the public road network to the development site; (c) Road drainage; and (d) Junction layouts for the turbine route from A9 to C468 avoiding the tight turn. The approved design shall thereafter be implemented in full, prior to the construction works commencing on site. Page 14 of 142
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DRAFT Reason - In the interests of road safety to accommodate access to the site. Habitat Management and Monitoring Plan 15. There shall be no Commencement of Development until a Habitat Management Plan (HMP) taking account of the Outline Habitat Management Plan (Technical Appendix 8.4 of the EIA Report), has been submitted to, and approved in writing by the Planning Authority. The HMP shall set out proposed habitat management of the site during the period of construction, operation, and decommissioning, restoration and aftercare, and shall provide for the maintenance, monitoring and reporting of habitat on site. The HMP shall provide provision and details for regular monitoring and review to be undertaken against the HMP objectives and reasonable measures for securing amendments or additions to the HMP in the event that the HMP objectives are not being met. Until otherwise approved in advance in writing by the Planning Authority, the approved HMP (as amended from time to time with written approval of the Planning Authority) shall be implemented in full in line with the timescales set out in the approved plan. Reason - In the interests of good land management and the protection of habitats. Programme of Archaeological Works 16. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason - To ensure the protection or recording of archaeological features on the site. Page 15 of 142
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DRAFT Operational Noise (Turbines) 17. (1) The rating level of noise immissions from the combined effects of the wind turbines forming part of the development (including the application of any tonal penalty) when determined in accordance with the attached Guidance Notes for this condition, shall not exceed 35dB measured as LA90 at any occupied dwelling. This noise limit should be applied at all times and in all wind conditions. (2) The turbines shall be designed to permit individually controlled operation or shut down at specified wind speeds and directions in order to facilitate compliance with noise criteria. (3) The Company shall continuously log power production, wind speed and wind direction at each wind turbine all (in accordance with Guidance Notes). These data shall be retained for a period of not less than 24 months. The data will include details of the mode in which each of the turbines will be operated during each ten minute period depending on the wind conditions in that ten minute period. The Company shall provide this information to the Planning Authority, in the format set out in the Guidance Notes, within 14 days of receipt in writing of a request to do so. (4) Prior to the Date of First Commissioning, the developer shall have submitted to, and received written approval of the Planning Authority of, a list of proposed independent consultants who will undertake compliance measurements in accordance with this condition. Amendments to the list of approved consultants shall be made only with the prior written approval of the Planning Authority. (5) Within 21 days from receipt of a written request from the Planning Authority, following a complaint to it from an occupant of a dwelling alleging noise disturbance at that dwelling, the developer shall employ a consultant approved by the Planning Authority in terms of part (4) above to assess the level of noise immissions from the wind farm at the complainant’s property (or a suitable alternative location agreed in writing by the Planning Authority). The written request from the Planning Authority shall set out at least the date, time and location to which the complaint relates and any identified atmospheric conditions, including wind direction, and include a statement as to whether, in the opinion of the Planning Authority, the noise giving rise to the complaint contains or is likely to contain a tonal component. (6) The assessment of the rating level of noise immissions in terms of part (5) above shall be undertaken in accordance with the Guidance Notes and an assessment protocol that shall previously have been submitted to and approved in writing by the Planning Authority. The protocol shall include the proposed measurement location(s) where measurements for compliance checking purposes shall be undertaken, whether noise giving rise to the complaint contains or is likely to contain a tonal component, and also Page 16 of 142
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DRAFT the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, power generation and times of day) to determine the assessment of rating level of noise immissions. The proposed range of conditions shall be those which prevailed during times when the complainant alleges there was disturbance due to noise, having regard to the written request of the Planning Authority under paragraph (5) above. (7) Where the property to which a complaint is related is not listed by name or location in Table 1 at part (1) of this condition, the Company shall submit to the Planning Authority, for its written approval, proposed noise limits selected from those listed in Table 1 to be adopted at the complainant’s property for compliance checking purposes, prior to compliance checking. The proposed noise limits are to be those limits selected from Table 1 specified for a listed location which the independent consultant considers as being likely to experience the most similar background noise environment to that experienced at the complainant’s property. The protocol shall include a justification of the choice of the representative background levels to determine compliance at the complainant’s property. The resultant noise limits selected shall include, where appropriate, any limit apportionment to account for consented levels from cumulative wind farm developments. (8) The rating level of noise immissions resulting from the combined effects of the wind turbines when determined in accordance with the Guidance Notes and approved Noise Assessment Protocol shall not exceed the noise limits approved in writing by the Planning Authority for the complainant’s property. (9) In the event that a complainant does not allow the Company access to undertake a compliance assessment, the assessment protocol shall set out details of the proposed alternative representative measurement position, prior to the commencement of measurements, and the measurements shall be undertaken at the approved alternative representative measurement location. (10) The Company shall provide to the Planning Authority the independent consultant’s assessment of the rating level of noise immissions undertaken in accordance with the Guidance Notes and the approved Noise Assessment Protocol within two months of the date of the written request of the Planning Authority for compliance measurements to be made under part (5), unless the time limit is extended in writing by the Planning Authority. The assessment shall include all data collected for the purposes of undertaking the compliance measurements, such data to be provided in the format set out in the Guidance Notes. The instrumentation used to undertake the measurements shall be calibrated in accordance with the Guidance Notes and certificates of Page 17 of 142
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DRAFT calibration shall be submitted to the Planning Authority with the independent consultant’s assessment of the rating level of noise immissions. (11) Where a further assessment of the rating level of noise immissions from the wind farm is required pursuant to (in accordance with the Guidance Notes), the Company shall submit a copy of the further assessment within 21 days of submission of the independent consultant’s assessment pursuant to part (8) above unless the time limit has been extended in writing by the Planning Authority. Reason - to protect nearby residents from undue noise and disturbance and to ensure that noise limits are not exceeded and to enable prompt investigation of complaints. Guidance Notes for Operational Noise Condition These notes are to be read with and form part of the noise condition. They further explain the condition and specify the methods to be employed in the assessment of complaints about noise immissions from the wind farm. The rating level at each integer wind speed is the arithmetic sum of the wind farm noise level as determined from the best-fit curve described in Guidance Note 2 of these Guidance Notes and any tonal penalty applied in accordance with Guidance Note 3. Reference to ETSU-R-97 refers to the publication entitled “The Assessment and Rating of Noise from Wind Farms” (1997) published by the Energy Technology Support Unit (ETSU) for the Department of Trade and Industry (DTI). IOA GPG is “A Good Practice Guide to the Application of ETSU-R-97 for the Assessment and Rating of Wind Turbine Noise” (2013) and includes Supplementary Guidance Notes 1 to 5 of the IOA GPG. Guidance Note 1 (a) (The LA90,10 minute noise statistic should be measured in accordance with the IOA GPG. Measurements shall be undertaken in such a manner to enable a tonal penalty to be applied in accordance with Guidance Note 3. (b) To enable compliance with the conditions to be evaluated, the Company shall continuously log arithmetic mean wind speed in metres per second and wind direction in degrees from north for each turbine and arithmetic mean power generated by each turbine, all in successive 10-minute periods. All 10 minute periods shall commence on the hour and in ten minute increments thereafter, synchronised with Universal Coordinated Time (UTC). The wind speeds at turbine hub height shall be 'standardised' to a reference height of ten metres as described in ETSU-R-97 at page 120 using a reference roughness length of 0.05 metres. Unless an alternative procedure is previously agreed in writing with the Planning Authority, it is these standardised ten metre height wind speed data which are correlated with the noise measurements determined as valid. Page 18 of 142
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DRAFT (c) Data provided to the Planning Authority in accordance with the noise condition shall be provided in comma separated values in electronic format unless otherwise agreed in writing with the Planning Authority. (d) A data logging rain gauge shall be installed in the course of the assessment of the levels of noise immissions. The gauge shall record over successive 10-minute periods synchronised with the periods of data recorded in accordance with Note 1(b). Guidance Note 2 (a) The noise measurements shall be made so as to provide not less than 20 valid data points as defined in Guidance Note 2 (b) (b) Valid data points are those measured in the conditions specified in the agreed written protocol, but excluding any periods of rainfall measured in the vicinity of the sound level meter. Rainfall shall be assessed by use of a rain gauge that shall log the occurrence of rainfall in each 10 minute period concurrent with the measurement periods set out in Guidance Note 1. In specifying such conditions the Planning Authority shall have regard to those conditions which prevailed during times when the complainant alleges there was disturbance due to noise or which are considered likely to result in a breach of the limits. (c) For those data points considered valid in accordance with Guidance Note 2(b), values of the LA90,10 minute noise measurements and corresponding values of the 10- minute 10- metre height wind speed averaged across all operating wind turbines using the procedure specified in Guidance Note 1(d), shall be plotted on an XY chart with noise level on the Y-axis and the 10- metre height mean wind speed on the X-axis. A least squares, “best fit” curve of an order deemed appropriate by the independent consultant (but which may not be higher than a fourth order) should be fitted to the data points and define the wind farm noise level at each integer speed. Guidance Note 3 (a) Where, in accordance with the protocol, noise immissions at the location or locations where compliance measurements are being undertaken contain or are likely to contain a tonal component, a tonal penalty is to be calculated and applied using the following rating procedure. (b) For each 10 minute interval for which LA90,10 minute data have been determined as valid in accordance with Guidance Note 2 a tonal assessment shall be performed on noise immissions during 2 minutes of each 10 minute period. The 2 minute periods should be spaced at 10 minute intervals provided that uninterrupted uncorrupted data are available (“the standard procedure”). Where uncorrupted data are not available, the first available uninterrupted clean 2 minute Page 19 of 142
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DRAFT period out of the affected overall 10 minute period shall be selected. Any such deviations from the standard procedure, as described in Section 2.1 on pages 104-109 of ETSU-R- 97, shall be reported. (c) For each of the 2 minute samples the tone level above or below audibility shall be calculated by comparison with the audibility criterion given in Section 2.1 on pages 104-109 of ETSU-R-97. (d) The tone level above audibility shall be plotted against wind speed for each of the 2 minute samples. Samples for which the tones were below the audibility criterion or no tone was identified, a value of zero audibility shall be used. (e) The average tone level above audibility shall be calculated for each wind speed bin, each bin being 1 metre per second wide and centred on integer wind speeds. This process shall be repeated for each integer wind speed for which there is an assessment of overall levels in Note 2. (f) The tonal penalty is derived from the margin above audibility of the tone according to the figure below. Guidance Note 4 (a) If a tonal penalty is to be applied in accordance with Guidance Note 3 the rating level of the turbine noise at each wind speed is the arithmetic sum of the measured noise level as determined from the best fit curve described in Guidance Note 2 and the penalty for tonal noise as derived in accordance with Guidance Note 3 at each integer wind speed within the range specified by the Planning Authority in its written protocol. (b) If no tonal penalty is to be applied then the rating level of the turbine noise at each wind speed is equal to the measured noise level as determined from the best fit curve described in Guidance Note 2. (c) In the event that the rating level is above the limit(s) set out in the Table attached to the noise conditions or the noise limits for a complainant’s dwelling, the independent consultant shall undertake a further assessment of the rating level to correct for background noise so that the rating level relates to wind turbine noise immission only. (d) The Company shall ensure that all the wind turbines in the development are turned off for such period as the independent consultant requires to undertake the further Page 20 of 142
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DRAFT assessment. The further assessment shall be undertaken in accordance with the following steps: (e) Repeating the steps in Guidance Note 2, with the wind farm switched off, and determining the background noise (L3) at each integer wind speed within the range requested by the Planning Authority in its written request and the approved protocol. (f) The wind farm noise (L1) at this speed shall then be calculated as follows where L2 is the measured level with turbines running but without the addition of any tonal penalty: (g) The rating level shall be re-calculated by adding arithmetically the tonal penalty (if any is applied in accordance with Note 3) to the derived wind farm noise L1 at that integer wind speed. (h) If the rating level after adjustment for background noise contribution and adjustment for tonal penalty (if required in accordance with note 3 above) at any integer wind speed lies at or below the values set out in the Table attached to the conditions or at or below the noise limits approved by the Planning Authority for a complainant’s dwelling in accordance with the noise condition then no further action is necessary. If the rating level at any integer wind speed exceeds the values set out in the Table attached to the conditions or the noise limits approved by the Planning Authority for a complainant’s dwelling in accordance with the noise condition then the Development fails to comply with the conditions. Noise (BESS and Substation) 18. All plant or equipment associated with the BESS and substation shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 20 between 2300 and 0700 hours daily, within any nearby residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. In the event that justified complaints for noise are received by the Council, the applicant at their own expense, shall employ an independent and suitably qualified consultant to carry out a Noise Assessment of the development. The appointed consultant and methodology for the Noise Assessment shall be submitted to and approved in writing by the Planning Authority in consultation with Environmental Health within 28 days of being notified of the complaint. Within 28 days of approval of appointed consultant and methodology, a Noise Assessment shall be submitted Page 21 of 142
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DRAFT outlining mitigation and recommended timescales for delivery. Thereafter, all mitigation measures shall be implemented within the timescales recommended. Reason - In the interests of protecting residential amenity. Access Management Plan 19. There shall be no Commencement of Development until an Access Management Plan (AMP) has been submitted to and approved in writing by the Planning Authority. The AMP should ensure that, where appropriate and subject to health and safety requirements, public access is maintained across the Development site during construction, and thereafter that existing wider rights of public access are maintained during the operational phase of the wind farm. The approved plan shall be implemented in full. Reason - In the interests of securing public access rights Private Water Supplies 20. There shall be no Commencement of Development until a private water supplies method statement has been submitted to and approved in writing by the Planning Authority, detailing all contingent mitigation measures to be delivered to secure the quality, quantity and continuity of water supplies to any properties which are served by private water supplies at the date of this planning permission which may be affected by the Development. The method statement shall set out: (a) details of the methodology for water quality and quantity sampling for a period of 12 months prior to construction (including abstraction points); (b) details of the methodology and programme for undertaking water quality and quantity sampling during the construction period (including abstraction points); and (c) details of the methodology for water quality and quantity sampling for a period of 12 months post construction (including abstraction points); The approved method statement shall thereafter be implemented in full upon the Commencement of Development. Reason - To maintain a secure and adequate water supply to all properties with private water supplies that may be affected by the Development. Redundant Turbines 21. If one or more wind turbines fails to generate electricity on a commercial basis to the public network for a continuous period of 12 months, then the turbine or turbines shall be deemed to be surplus to requirement and the developer shall: (a) within one month of the expiration of the 12 month period, submit a scheme to the Planning Authority for written approval setting out how and when the relevant wind turbine(s) and associated infrastructure will either be repaired or removed from the site and Page 22 of 142
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DRAFT the ground restored to a condition agreed with the Planning Authority; and (b) implement the approved scheme to the timescales set out in the scheme and agreed in part a) above. Reason - To ensure that any redundant wind turbine is removed from site, in the interests of safety, amenity and environmental protection. Interim Decommissioning, Restoration and Aftercare Strategy 22. There shall be no Commencement of Development until an Interim decommissioning, restoration and aftercare strategy has been submitted to, and approved in writing by, the Planning Authority. The interim decommissioning, restoration and aftercare strategy shall outline measures for the decommissioning of the Development and restoration and aftercare of the site, and shall provide proposals for the removal of the Development, the treatment of ground surfaces, the management and timing of the works and environmental management provisions in any instance that the site as a whole, or in part, ceases to operate prior to the approval of the Decommissioning, Restoration and Aftercare Plan required under the provisions of condition 23. Reason - To ensure the decommissioning and removal of the Development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interests of safety, amenity and environmental protection when a detailed decommissioning, restoration and aftercare Plan has not yet been approved. Site Decommissioning, Restoration and Aftercare 23. The Development shall cease to generate electricity to the grid network by no later than the date falling 40 years from the Date of Final Commissioning. No later than one year prior to the Date of Final Generation or the expiry of the planning permission (whichever is earlier) a decommissioning, restoration and aftercare plan shall be submitted for the written approval of the Planning Authority. The detailed decommissioning, restoration and aftercare plan shall provide updated and detailed proposals, in accordance with relevant guidance at that time, for the removal of the Development, the treatment of ground surfaces, the management and timing of the works and environment management provisions which shall provide: (a) a site waste management plan (dealing with all aspects of waste produced during the decommissioning, restoration and aftercare phases and, including de-tails of measures to be taken to minimise waste associated with the Development and promote the recycling of materials and infrastructure components); (b) details of the formation of any temporary infrastructure required for decommissioning such as compounds, welfare facilities, any areas of Page 23 of 142
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DRAFT hard-standing, material stockpiles, oil storage, lighting columns, and any boundary fencing; (c) a dust management plan; (d) details of measures to be taken to prevent loose or deleterious material being deposited on the local road network, including wheel cleaning and lorry sheeting facilities, and measures to clean the site entrances and the ad-jacent local road network; (e) a pollution prevention and control method statement, including arrangements for the storage and management of oil and fuel on the site; (f) details of measures for soil storage and management; (g) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (h) details of measures for sewage disposal and treatment; (i) temporary site illumination; and (j) a species protection plan if surveys (carried out no longer than eighteen months prior to submission of the plan) identify any protected species (including birds). The Development shall be decommissioned, the site restored and aftercare undertaken prior to the date falling three years after the Date of Final Generation and in accordance with the approved detailed decommissioning, restoration and aftercare plan. Reason - To ensure the decommissioning and removal of the Development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interests of safety, amenity and environmental protection. Financial Guarantee 24. There shall be no commencement of development until a bond or other form of financial guarantee (hereafter “financial guarantee”) in terms which secures the cost of performance of all decommissioning, restoration and aftercare obligations referred to in conditions 22 and 23 has been submitted to and approved in writing by the Planning Authority. The value of the financial guarantee shall be agreed between the developer and the Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional as being sufficient to meet the costs of all decommissioning, restoration and aftercare obligations referred to in conditions 22 and 23. The financial guarantee shall be maintained in favour of the Planning Authority until the completion of all Page 24 of 142
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DRAFT decommissioning, restoration and aftercare obligations referred to in conditions 22 and 23. The value of the financial guarantee shall be reviewed by agreement between the developer and the Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional not less than every five years, and at the time of the approval of the detailed decommissioning, restoration and aftercare plan approved under condition 23. The value of the financial guarantee shall be increased or decreased to take account of any variation in costs of compliance with decommissioning, restoration and aftercare obligations referred to in conditions 22 and 23. Reason - To ensure that there are sufficient funds to secure performance of the decommissioning, restoration and aftercare conditions attached to this deemed planning permission in the event of default by the developer. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Any permission shall not to be issued until a Section 75 Agreement or a bond as required by condition 24 has been signed and registered to take account of this application. The legal agreement or bond should be concluded and completed within 4 months of the date of any decision. Informatives 1. Prior to the commencement of works, a maintenance agreement under Section 96 of the Roads (Scotland) Act 1984 shall be entered into. Confirmation of this agreement being in place shall be provided to the Council, as Planning Authority, a minimum of four weeks prior to the commencement of development. The maintenance agreement shall be in respect of the C468. These roads shall be inspected on a regular basis and repairs carried out to the timescale and standards specified by the Council as Roads Authority to the satisfaction of Perth & Kinross Council. 2. The applicant should be advised that in terms of Section 56 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to open an existing road or footway prior to the commencement of works. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 3. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain consent from the Council, to place, maintain or adjust Page 25 of 142
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DRAFT apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road-and-footway- permits. 4. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 5. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 6. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 7. The applicant is advised that the granting of planning permission does not guarantee right of access to the site. This should be agreed with the relevant landowner(s) prior to the commencement of the development. 8. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the number and design of turbines. 9. Please remember that the granting of planning permission, listed building consent or other associated consent by the Planning Authority does not affect the responsibility of the developer to ensure all other necessary permissions, consents and approvals are in place prior to commencement of works. Developers should also ensure appropriate accommodations are made in respect of services and third party infrastructure and may wish to check proposals against the information held at https://www.linesearchbeforeudig.co.uk/. 10. The applicant shall ensure the private water supply for the development complies with the Water Scotland Act 1980 (Section 63) and the Private Water Supplies (Scotland) Regulations 2006. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and Page 26 of 142
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DRAFT the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above act and regulations. Amendment (Councillors I James and D Cuthbert) Offer an objection for the following reason: 1. The adverse landscape and visual impact of the proposal and the wider adverse environmental impacts it will have, thereby making it contrary to National Planning Framework 4 Policies 4 and 11e In terms of Standing Order 21.5 a roll call vote was taken. 6 members voted for the Motion as follows: Councillors B Brawn, D Illingworth, I Massie, G Stewart, R Watters and Bailie M Williamson. 5 members voted for the Amendment as follows: Councillors K Allan, D Cuthbert, K Harvey, I James and Bailie C McLaren. Resolved: In accordance with the Motion. (2) Major Applications (i) 25/00685/FLM - Formation of extension to existing holiday park comprising siting of 62 holiday accommodation lodges and 6 holiday accommodation glamping pods; erection of 4 holiday accommodation cabins and 8 stilted holiday accommodation units; erection of rangers' classroom and a covered learning structure; alterations to reception building, pier, vehicle parking, footpaths and associated works (as amended), Loch Tay Highland Lodges, Killin, FK21 8TY (Report No. 26/39) Mr B Findlay, objector to the application, followed by Mr D Hancock, agent on behalf of the applicant, addressed the committee, and answered members questions. Resolved: Grant, subject to the following terms, conditions (including additional condition 17) and informatives: Conditions General 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Page 27 of 142
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DRAFT Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved shall be used solely for holiday accommodation and shall not be occupied as the sole or main residence of any occupant. Reason - In order to clarify the terms of the permission; to control and restrict the use of the building. 3. Prior to the commencement of development of any of the stilted accommodation units, detailed designs of the units will be submitted to the Council as Planning Authority for written approval. The stilted accommodation units will subsequently be built in compliance with the approved plans. Reason - In order to ensure the stilted accommodation units are of an appropriate scale and design. Amenity 4. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In order to safeguard the neighbouring residential amenity in the area. 5. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the neighbouring residential amenity in the area. 6. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays. The above shall be implemented throughout the construction stage of the development unless otherwise agreed in writing with the Council as Planning Authority and Environmental Health. Reason - In order to safeguard the neighbouring residential amenity in the area. 7. Prior to the development being brought into use, an updated Noise Management Plan shall be submitted for the written approval of the Council as Planning Authority. The plan shall include all sources of noise associated with the premise, including user noise and the measures that will be put in place to minimise and/or control noise. The plan shall be reviewed on a regular basis or, following receipt of a justified complaint or at the request of the planning authority. Once Page 28 of 142
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DRAFT the Noise Management Plan has been approved, it shall be fully implemented for the lifetime of the development. Reason - In order to safeguard the neighbouring residential amenity in the area. 8. Prior to the commencement of the development hereby approved, details of the location and measures proposed for the safeguarding and continued operation, or replacement, of any septic tanks and soakaways, private water sources, private water supply storage facilities and/or private water supply pipes serving properties in the vicinity, sited within and running through the application site, shall be submitted to and approved in writing by the Council as Planning Authority. The subsequently agreed protective or replacement measures shall be put in place prior to the development being brought into use and shall thereafter be so maintained insofar as it relates to the development hereby approved. Reason - In order to protect private water supplies within and nearby the development. Transport 9. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: (a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; (b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; (c) a code of conduct for HGV drivers to allow for queuing traffic to pass; (d) arrangements for liaison with the Roads Authority regarding winter maintenance; (e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; (f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; (g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; (h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; Page 29 of 142
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DRAFT (i) details of information signs to inform other road users of construction traffic; (j) arrangements to ensure that access for emergency service vehicles are not impeded; (k) co-ordination with other significant developments known to use roads affected by construction traffic; (l) traffic arrangements in the immediate vicinity of temporary construction compounds; (m) monitoring, reporting and implementation arrangements; (n) arrangements for dealing with non-compliance; and (o) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. Biodiversity 10. Prior to the commencement of development, a detailed Drainage Strategy shall be submitted to the Council as Planning Authority for written approval. The Drainage Strategy will include details as to how it will mitigate any significant effects on the River Tay Special Area of Conservation, and particularly its Atlantic Salmon interest. Following approval the Drainage Strategy will be fully adhered to. Reason - In order to protect the integrity of the River Tay Special Area of Conservation. 11. Prior to the commencement of development, a Construction Method Statement shall be submitted for approval. The Method Statement will include details as to how it will mitigate any significant effects on the River Tay Special Area of Conservation, and particularly its Atlantic Salmon interest. Following approval the Method Statement will be fully adhered to during the entirety of the construction phase. Reason - In order to protect the integrity of the River Tay Special Area of Conservation. 12. Prior to the completion or occupation of the development hereby approved, A Site Biodiversity Plan shall be submitted to the Council as Planning Authority for written approval containing quantities, locations, techniques, timescales, and monitoring arrangements of biodiversity enhancement measures. Thereafter, the agreed scheme shall be implemented in full and, where necessary, maintained in a reasonable condition for the life of the development. Reason - In the interests of biodiversity and to protect environmental quality. Trees 13. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site shall be submitted to the Council as Planning Authority for approval. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals Page 30 of 142
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DRAFT including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to a satisfactory standard. Reason - To ensure a satisfactory standard of development and environmental quality. 14. Prior to the commencement of development, an Arboricultural Method Statement shall be submitted to the Council as Planning Authority for written approval. The Method Statement will include details of all tree planting proposals across the site, as well as any management of existing trees including felling, management and control of Invasive Non-Native Species, root protection areas and tree protection fencing. Thereafter, the agreed scheme shall be implemented in full for the life of the development. Reason - In order to ensure that tree planting and tree protection measures are appropriately implemented as part of the development. 15. Prior to the commencement of development, an Arboricultural Clerk of Works (ACW) will be appointed in agreement with the Council as Planning Authority. The ACW will oversee the implementation of the Arboricultural Method Statement as well as lodge siting, the accurate setting out of root protection areas and tree protection fencing and will provide supervision during works within or near root protection areas. The ACW shall visit the site at least once every 3 weeks during the construction period and shall report findings to the Council as Planning Authority in writing within 7 days of each visit. Reason - To ensure compliance with best practice and safeguarding of tree health throughout the construction phase. Flooding and Drainage 16. A four-metre easement free from development along the side of Allt a’ Mhoirneas will be maintained at all times to allow access for inspection and maintenance of the watercourse and the A827 culvert. Reason - To allow for appropriate future maintenance of the watercourse. 17. Prior to the occupation of any of the units hereby approved, the flood mitigation measures detailed within the Flood Risk Assessment (document 54 hereby approved), shall be implemented in full, and thereafter retained in perpetuity for the life of the development. Reason - In the interests of sustainable flood management. Page 31 of 142
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DRAFT Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material. 4. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 5. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to Page 32 of 142
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DRAFT contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 6. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 7. Part of the approved development includes holiday accommodation or Short-term Let accommodation (STL). The developer is advised that holiday accommodation and STLs require to be licensed under the terms of Article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-terms Lets) Order 2021 and therefore a licence application should be made to Perth and Kinross Council prior to operation commencing. Further information and application forms are available at https://www.pkc.gov.uk/shorttermlets. 8. Records indicate that at least part of the proposed development site lies within a radon affected area where the measurement/monitoring of radon gas and the installation of mitigation measures may be required. Further information on radon gas and the associated reports that can be obtained is available at www.ukradon.org and at http://shop.bgs.ac.uk/georeports/. 9. Part of the approved development includes 'caravans'. The developer is advised that caravans require to be licensed under the terms of Section 1 of the Caravan Sites and Control of Development Act 1960 and therefore a licence application should be made to Environmental Health. Application forms are available at https://www.pkc.gov.uk/article/15600/Licence-caravan-site 10. The approved stove systems shall be installed and thereafter operated and maintained in accordance with the manufacturer’s recommendations, such that smoke/odours are not exhausted into or escape into any neighbouring dwellings. Failure to do so may result in an investigation and possible action by Environmental Health under the Environmental Protection Act 1990. 11. The applicant should ensure that any existing wayleaves for maintenance or repair to existing private water supply or septic drainage infrastructure in the development area are honoured throughout and after completion of the development. 12. The applicant shall ensure the private water supply for the development complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Page 33 of 142
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DRAFT Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. 13. A review of the proposed development site did not raise any real concerns, although historical mapping indicates that the proposed development is within the immediate vicinity of a former limekiln as well as an area of infilled land to the south of the site, both of which may have resulted in contamination in the vicinity of the site. Should any contamination be found during the approved works, works should cease, and the Land Quality team should be contacted on 01738 475000 or ContaminatedLand@pkc.gov.uk for further advice. (The committee took a short recess) (ii) 25/00824/FLM - Erection of 4 poultry rearing sheds, managers dwellinghouse and garage, staff welfare facility, office, storage buildings, security fencing, formation of vehicular access, SUDS, landscaping and associated works, land at Newbigging Farm, Kinclaven, Stanley, Perth (Report No. 26/40) Mr A Lilly, Mr M Cook, Ms K Homan, Ms E Coutts and West Stormont Woodland Group, all objectors to the application; Ms L Burns, supporter of the application; and Mr I Richmond, General Manager of Aviagen UK and Mr M Richardson, agent on behalf of the applicant, addressed the committee, and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions General 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. For the avoidance of doubt, this permission includes a replacement farmhouse. Prior to the occupation of the new farmhouse, the existing farmhouse shall be demolished and the site on which it lies shall be cleared, reinstated and finished in accordance with the approved plans. Reason - In order to clarify the terms of this planning permission. Page 34 of 142
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DRAFT Contamination 3. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential contamination of the site as a result of its former use. Residential Amenity 4. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In order to safeguard the residential amenity of the area. 5. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays. Reason - In order to safeguard the residential amenity of the area. 6. Servicing of and deliveries to the premises shall be carried out between 0800 and 1800 daily. Reason - In order to safeguard the residential amenity of the area. 7. Should any aspect of the development result in a verified noise complaint determined by the Council as Planning Authority in consultation with Environmental Health, within 14 days of written request by the Council as Planning Authority, the applicant shall arrange for a Noise Impact Assessment (NIA) by a suitably qualified noise consultant with the scope and timescale submitted to and agreed in Page 35 of 142
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DRAFT writing with the Council as Planning Authority in consultation with Environmental Health. Thereafter any agreed mitigation measures shall be implemented to ameliorate the nuisance. Reason - In order to safeguard the residential amenity of the area. 8. The approved Odour Management Plan (document no. 24), shall be implemented in full and be strictly adhered to throughout the operational stage of the development to ensure that residential amenity of neighbouring properties is not affected by odour as a consequence of and/or in relation to, the operation of the poultry units. Reason - In order to safeguard the residential amenity of the area. 9. Should any aspect of the development result in a verified odour complaint determined by the Council as Planning Authority in consultation with Environmental Health, within 14 days of written request by the Council as Planning Authority, the applicant shall arrange for an Odour Impact Assessment (OIA) to be carried out by a suitably qualified consultant. The OIA findings shall be submitted for the written approval of the Council as Planning Authority, in consultation with Environmental Health and must draw conclusions and make recommendations as necessary. Thereafter any necessary measures to ameliorate the odour nuisance should be put in place, and a new or revised Operational Management Plan must be submitted to the Council within a specified agreed timescale. Reason - In order to safeguard the residential amenity of the area. 10. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the residential amenity of the area. Roads and Access 11. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Plan (CTMP) which shall include the following: a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; c) a code of conduct for HGV drivers to allow for queuing traffic to pass; Page 36 of 142
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DRAFT d) arrangements for liaison with the Roads Authority regarding winter maintenance; e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i) details of information signs to inform other road users of construction traffic; j) arrangements to ensure that access for emergency service vehicles are not impeded; k) co-ordination with other significant developments known to use roads affected by construction traffic; l) traffic arrangements in the immediate vicinity of temporary construction compounds; m) monitoring, reporting and implementation arrangements; n) arrangements for dealing with non-compliance; and o) details of HGV movements to and from the site. The CTMP as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. 12. Prior to commencement of development, a detailed design for the proposed new vehicular access junction, and the stopping up of the existing junction, shall be submitted to and agreed in writing by the Planning Authority in consultation with the Roads Authority. The vehicular access, as approved in writing, shall be implemented in accordance with the approved details prior to the development being brought into use or occupied. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 13. Prior to the commencement of the development hereby approved, full visibility splays of 215 metres along the channel line shall be provided to the North East and South West of the access, at a set-back of 2.4 metres measured 1.05m above the road level to the standard and specification required by the Council as Roads Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated outwith the splays. Once formed, the visibility Page 37 of 142
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DRAFT splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 14. No part of the development shall be occupied until a Staff Travel Plan (STP), aimed to encourage more sustainable means of travel, has been submitted and approved in writing by the Council. The STP will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided, the system of management, monitoring, review, reporting and the duration of the plan. Reason - To promote sustainable transport options and to meet advice within National Planning Framework 4. 15. Prior to the commencement of development, a scheme for a covered cycle bay which stores a minimum of 9 bicycles, shall be submitted to the Council as Planning Authority for written approval. Thereafter, the agreed scheme shall be implemented and operational prior to the occupation of the development, and thereafter retained in a usable condition for the life of the development. Reason - To encourage active travel and meet advice within National Planning Framework 4. 16. Prior to the commencement of development, a plan shall be submitted for the written approval of the Council as Planning Authority which shows a minimum of 2 accessible parking spaces. Thereafter, the agreed scheme shall be implemented prior to the occupation of the development and thereafter retained in a usable condition for the life of the development. Reason - To ensure that the development provides adequate accessible parking in accordance with National Planning Framework 4. Trees and Landscape 17. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include: a) Details of the height and slopes of any mounding or recontouring of the site including existing and proposed finished levels. b) Details of existing ground conditions, drainage, pre- planting preparation, vegetation control, stock size, stock numbers, stock density, planting arrangement, planting method, protection methods from vermin, staking methods, proposed aftercare and management. c) Full details of all hard landscaping proposals including materials and installation methods (including fences and gates). Page 38 of 142
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DRAFT d) Species, height, size and density of trees, shrubs, hedges, grassed areas and water features to be planted. e) A schedule of planting to comprise species, plant sizes and proposed numbers and density. f) A programme for the implementation, completion and subsequent management of both the proposed landscaping and any trees and vegetation to be retained. The Landscaping Scheme must include timescales for the implementation of the works. All soft and hard landscaping proposals shall be carried out in accordance with the approved planting scheme and management programme. Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. Any planting which, within a period of five years from the completion of the development is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted. Once provided, all landscaping works shall thereafter be permanently retained. Reason - To ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area. 18. Prior to the commencement of any works on site, all trees identified for retention and any peripheral trees bounding the site, which may be affected by any element of the approved development and its associated construction shall be protected in full accordance with BS 5837: 2012 'Trees in relation to design, demolition and construction'. Protection measures, once in place, shall remain in place for the duration of construction. If such protection measures are damaged beyond effective functioning then works that may compromise the protection of trees shall cease until the protection can be repaired or replaced with a specification that shall provide a similar degree of protection. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 19. All trees on site, other than those marked for felling on the approved plans, shall be retained. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 20. Prior to the commencement of development, full details of the proposed offsite landscaping mitigation scheme (as shown on document no. 08), shall be provided and agreed in writing by the Planning Authority. The scheme shall set out the principles for mitigating any significant visual effects of the development on surrounding receptors, including Page 39 of 142
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DRAFT residential properties, recreational routes and transport corridors. The scheme shall include: Identification of planting opportunities based on land availability and suitability; Phasing and indicative timing of planting, taking account of seasonal and operational constraints; Details of maintenance and long-term management of the planting to ensure effective establishment and retention; Full specification of planting proposals, including species mix (native where appropriate), plant sizes, densities, and any seeding requirements for grassland or wildflower areas. The full offsite landscaping mitigation scheme shall thereafter be developed in accordance with the agreed scheme and fully implemented thereafter. Any planting which, within a period of five years from the completion of the development is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted. Once provided, all landscaping works shall thereafter be permanently retained The full offsite landscape mitigation scheme shall be completed prior to the occupation of the development, unless otherwise agreed in writing with the Planning Authority. Reason - To ensure that significant visual effects of the development are mitigated as far as reasonably practicable through a timely and deliverable scheme of landscape mitigation, in the interests of protecting landscape and visual amenity. Biodiversity 21. Prior to the commencement of the development hereby approved, a detailed plan indicating the location, quantity, specification and maintenance requirements for compensation and biodiversity enhancement measures shall be submitted for the further written agreement of the Council as Planning Authority. It shall include: a) three swallow nesting cups and three house martin nesting cups as compensation b) three house sparrow boxes as compensation c) two barn owl boxes as compensation d) Biodiversity enhancement measures over and above the measures required for compensation in accordance with the recommendations within the supporting biodiversity survey submitted and hereby approved. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. Page 40 of 142
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DRAFT Reason - In the interests of protecting environmental quality and of biodiversity. 22. An updated bat survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the bat survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of protecting environmental quality and of biodiversity. 23. The conclusions and recommended action points within the supporting biodiversity surveys submitted and hereby approved (document nos. 28 and 39 relate) shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason - In the interests of protecting environmental quality and of biodiversity. 24. If works are to be undertaken during the bird breeding season, no works in connection with the development hereby approved shall commence until such time that a detailed check of the site for active barn owl nests has been undertaken by a surveyor holding a NatureScot Schedule 1 Bird Survey Licence and written confirmation has been submitted to the Planning Authority for written agreement. For the avoidance of doubt, the confirmation shall show that no birds will be harmed and that there are appropriate measures in place to protect nesting barn owls on the site. The check shall be undertaken not less than 14 days before the commencement of the development and no site clearance or other works in connection with the development hereby approved shall commence unless the written confirmation has been submitted to and approved in writing by the Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 25. Prior to the commencement of development hereby approved, a Construction Environmental Management Plan (CEMP) shall be submitted and approved in writing by the Council as Planning Authority. The CEMP will remain a live document with any working practices deemed to be having an adverse impact on ecology or the environment will be the subject of a revision. All revisions must be submitted to the Planning Authority as soon as reasonably practicable for written agreement. Thereafter the development shall be fully undertaken in accordance with the agreed CEMP. Reason: In the interest of protecting environmental quality and of biodiversity. To minimise any associated adverse landscape and visual impact of the above ground elements and protect the character and visual amenity of the immediate and surrounding countryside. Page 41 of 142
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DRAFT 26. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason - In order to prevent animals from being trapped within any open excavations. Drainage 27. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council’s Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. 28. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable a Sustainable Urban Drainage System to meet the requirements of best management practices. Reason - To ensure the provision of effective drainage for the site. Archaeology 29. Development shall not commence until the developer has secured the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to the Council as Planning Authority, during development work. The retained archaeological organisation shall be afforded access at all reasonable times and given time to undertake all required monitoring works and permitted to record and recover items of interest and finds. The developer will clearly communicate the development programme to their archaeological organisation to ensure all necessary monitoring is covered by the watching brief. The name of archaeological organisation retained by the developer shall be given to the Planning Authority and Perth and Kinross Heritage Trust in writing not less than seven days before the commencement date provided in the Notice of Initiation of Development. Reason - To ensure archaeological monitoring is carried out to safeguard and record any archaeological remains within the development area. Page 42 of 142
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DRAFT 30. Development shall not commence until the developer has secured an archaeological standing building survey, to be carried out by an independent and suitably qualified archaeological organisation. The scope of the archaeological standing building survey will be set by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust. The name of archaeological organisation retained by the developer shall be given to the Council as Planning Authority and PKHT in writing not less than fourteen days before the commencement date provided in the Notice of Initiation of Development. Copies of the resulting survey shall be deposited in the National Record of the Historic Environment and in the Perth and Kinross Historic Environment Record upon completion of the survey. Reason - To ensure an appropriate archaeological standing building survey is carried out and the resulting survey is recorded properly. Justification The proposal is considered as a minor departure to the Development Plan however there are material considerations that would justify a departure from the relevant Policy 50 of the LDP2. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material. Page 43 of 142
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DRAFT 4. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 5. No work shall be commenced until an application for building warrant has been submitted and approved. 6. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 7. The proposed demolition and/or building works likely to cause harm to bats should not commence until the applicant has obtained the relevant licence issued by NatureScot pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2010 authorizing the specified activity/development to go ahead. 8. Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 9. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 10. The applicant is advised to refer to Perth & Kinross Council’s Supplementary guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. 11. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act 1984, he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available Page 44 of 142
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DRAFT at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. 12. The applicant can seek guidance on the detailed design and positioning of the cycle storage from Transport Scotland's Cycling by Design 2021 or similar design guide. 13. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain from the Council, to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road-and-footway- permits. 14. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 15. Further information on the need for and level of provision of Changing Places Toilet Facilities can be found in Section 41B of the Town and Country Planning (Scotland) Act 1997, the Town and Country Planning (Changing Places Toilet Facilities) (Scotland) Regulations 2020 and the associated Circular 1/2020: Changing Places Toilets Regulations. 16. The developer is advised to contact Sophie Nicol, Historic Environment Manager (tel 01738 477027) Perth & Kinross Heritage Trust, to discuss terms of reference for work required. (The committee took a short recess) (3) Local Application (i) 25/00725/FLL - Siting of caravan for a temporary period (in retrospect), Equine Unlimited, Dungarthill, Dunkeld, PH8 0JF (Report No. 26/41) A statement on behalf of objectors was read by Ms Brown, clerk to the committee. The applicant, addressed the committee, and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. The caravan is approved for a temporary period only until 31 August 2027. Upon expiry of this temporary period the caravan shall be removed from the site and the site returned to its original condition to the satisfaction of the Council as Planning Authority. Page 45 of 142
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DRAFT Reason - In view of the temporary nature of the caravan and to enable the Planning Authority to review the circumstances pertaining to the proposal within a reasonable period of time. 2. The core path which forms part of the access track to the site must not be obstructed during building works or on completion. Any damage done to the core path and associated signage during building works shall be made good before occupation of the dwellinghouse. Any temporary restrictions to public access required to facilitate works on site must be agreed in writing first with the Access Officer. Reason - In the interests of public access along the core path. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Records indicate that at least part of the proposed development site lies within a radon affected area where the measurement/monitoring of radon gas and the installation of mitigation measures may be required. Further information on radon gas and the associated reports that can be obtained is available at www.ukradon.org and at http://shop.bgs.ac.uk/georeports/. 2. The applicant is advised to refer to Perth & Kinross Council’s Supplementary guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. 3. The applicant should ensure that any existing wayleaves for maintenance or repair to existing private water supply or septic drainage infrastructure in the development area are honoured throughout and after completion of the development. 4. The applicant shall ensure the private water supply for the dwellinghouse/ development complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. Page 46 of 142
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DRAFT 6. Proposal of Application Notices (PoAN) (i) 25/00016/PAN - Residential development comprising flatted blocks, installation of SUDS, landscaping and associated works, Perth Leisure Pool, Glasgow Road, Perth, PH2 0HZ (Report No. 26/42) Councillor B Brawn requested that officers bear in mind that the area is susceptible to flooding and that this is looked at when an application is submitted. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. (ii) 25/00017/PAN - Erection of residential care facility, community hub, staff facilities and associated works, Play Area, Perth Leisure Pool, Glover Street, Perth (Report No. 26/43) Councillor B Brawn requested that officers bear in mind that the area is susceptible to flooding and that this is looked at when an application is submitted. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. Page 47 of 142
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Perth and Kinross Council Planning and Placemaking Committee - 11 March 2026 Report of Handling by Development Management and Building Standards Service Manager (Report No. 26/63) Proposal: Formation of a track comprising a running surface of approximately 1.2 kilometres in length, bridge, access, laydown/work compound area(s), drainage, landscaping and other ancillary works Location: Land 360 metres north of Glassick Farm, Braco, Dunblane, FK15 9QZ Ref. No: 25/00984/FLM Ward No: P7 - Strathallan Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1 Although this application itself is not designated as a national development, it is considered integral to the substation planning application (reference 25/00490/FLN), which is a national development under NPF4, subsequently approved at Full Council on 10th December 2025. This proposed development is required to enable the construction of the proposed Cambushinnie 400kV substation and associated development which is required as a result of the Scottish and UK Government’s Net Zero climate change targets and associated guidance which result in significant increase in renewable generation, requiring greater capacity across the UK grid. As such significant investment in new transmission network infrastructure to transport renewable energy and reinforce the network is required. The Applicant is proposing to upgrade the existing Beauly-Denny 275 kV circuit to 400kV to mirror the ratings of the existing circuit which runs along the route. The upgrade can make use of the existing overhead line (OHL) but requires alterations and additions to be made to the associated substations along the route. The Beauly-Denny upgrade does not require any works to be done to the existing OHL other than the delivery of new tie-ins from the existing OHL into the proposed new substations. 2 The purpose of the proposed development is primarily for the delivery of two transformers required for the proposed Cambushinnie 400kV substation site. These 5(1)(i) Page 49 of 142
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transformers would be Abnormal Invisible Loads (AIL) of which it is not considered possible to pass through Braco village due to their size. In addition, the proposed development would enable the construction of the 400kV substation and associated development, avoiding routing construction traffic through Braco village. 3 It is referenced within the supporting Planning Statement that the applicant is proposing to commence works in mid April 2026 ahead of the construction work period for the proposed substation. It is proposed that the proposed development would take approximately 11 months to complete. 4 The operational phase of the proposed development will facilitate construction of the proposed substation and associated development. Following construction of the substation, the haul track would remain in situ, with the exception of the bridge deck, however, it would not be made available for public or non-SSEN Transmission vehicles and the entrances to the haul track would be gated. 5 It is anticipated that the proposed development, with the exception of the bridge deck, would be operational in perpetuity, however, the bridge deck would be reinstated if there were a need for the bridge crossing. The design life would be the same or greater than the associated substation development. 6 The proposed development is located approximately 3km east of the existing Braco West Substation and 50m south of Braco village. The proposed development would route between the A822 and the existing access track to Braco West Substation to the south of Braco. From the A822, the track crosses agricultural fields and Keir Burn before crossing the B8033 adjacent to where the route heads west. Thereafter, the track routes from the B8033 across agricultural fields and a Christmas tree plantation to where it adjoins the existing access track to the existing Braco West Substation, approximately 60m north of Gamekeepers Cottage. 7 The proposed development is subject to a separate planning application due to its design programme differing from the associated proposed substation, which was approved at Full Council on the 10th of December 2025, under planning application reference 25/00490/FLN. 8 The proposed development comprises both permanent and temporary works.as detailed below: Permanent Works Haul Track 9 The proposed haul track will extend approximately 1.2 kilometres in length and 6.5 metres in width, linking the A822 to the existing Braco West Substation. 10 It will incorporate a bellmouth junction at the A822 and feature a combination of tarmac and Type 1 stone surfacing, with Type 1 material imported to the site for Page 50 of 142
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construction. Following completion of the associated substation works, a section of the tarmac surface will be reverted to Type 1 stone at the request of a landowner. 11 Between the A822 and the B8033, the haul track will be constructed as an embankment raised above the existing ground level, with its height increasing near the Keir Burn bridge. In contrast, where the route passes through the Christmas tree plantation to the west, sections of the track will be set in a cutting, requiring excavation. Bridge Abutments 12 A bridge is proposed to span Keir Burn. While the bridge deck will be temporary and removed following construction of the substation, the supporting abutments on either side of the burn will be permanent and constructed in concrete. Flood Relief Culverts 13 Flood relief culverts will be incorporated along the haul track to maintain existing floodwater conveyance through the embankment and replicate baseline conditions. The current design proposes 56 culverts arranged in eight clusters, comprising two circular culverts of 0.5 m diameter, 12 box culverts measuring 1 m × 1 m, and 42 box culverts measuring 0.5 m × 0.5 m. Riverbank Reinforcements 14 To reduce flood risk, riverbank reinforcement will be provided by strengthening the existing flood embankment downstream of the haul track. No in-channel works or piling are proposed. Temporary Works 15 The temporary works are provided below, in summary: Bridge Deck – the bridge will measure approximately 48m in length and 4.1m in height from existing ground level to parapet. Once removed will remain in storage for potential future use in emergencies. Bridge fabrication areas – there potential areas for bridge fabrication (if required) to fabricate on site. Two areas to the south of the haul track, east and west of the burn and one to the north of the haul track, east of the burn. Crane pad areas – required for installation of the bridge and located within the identified fabrication areas. Constructed using imported Type 1 stone and geogrid materials, these areas will be removed following completion of the substation works. Temporary Compounds – Two temporary compounds will be required during the construction phase. The first will be positioned adjacent to the A822, immediately south of the haul track, and will facilitate haul track construction works. This compound will be fully decommissioned at the end of the construction phase. The second compound will be located west of the B8033, directly south of the haul track, and will function as an access control point. It Page 51 of 142
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will provide car and van parking, a welfare unit for security, HGV holding areas, and space for vehicle turning. Both compounds will be illuminated during construction hours in winter months and will be removed upon completion of the construction and operational phases of the development. Topsoil Storage Areas – located adjacent to the two southern fabrication areas and one west of the access control compound. Vehicle Cleaning Point – located where the surface of the haul track changes from tarmac to unbound materials, remaining in place during construction and operational phase of the proposed development. Vehicle Management – temporary access control barriers will be installed at the A822 junction and east of the access control compound. The haul track will be gated once operational. Temporary traffic management will be in place at the A822 and B8033 crossings during construction and operation, with additional measures applied as required. Acoustic Barriers – temporary acoustic barriers are identified to mitigate noise impacts to properties at Loaning View and Gamekeepers Cottage. Temporary Culverts – in place during construction, located adjacent to the eastern temporary construction compound, to the north and south of the haul track and adjacent to the access control compound. Fencing – temporary fencing around work areas, offset by 5m during the construction phase with additional temporary heras fencing around the two temporary compound areas. Post Construction – all temporary construction areas would be reinstated including removal of all temporary site works. Site History 16 24/00012/PAN - Proposal of Application Notice – contents agreed on 4 November 2024 for the formation of access track, bridge, compound and associated works. Environmental Impact Assessment 17 Directive 2011/92/EU (as amended) requires the ‘competent authority’ (in this case Perth and Kinross Council) when giving a planning permission for particular large- scale projects to do so in the knowledge of any likely significant effects on the environment. The Directive therefore sets out a procedure that must be followed before ‘development consent’ can be given. 18 This procedure, known as Environmental Impact Assessment (EIA), is a means of drawing together, in a systematic way, an assessment of a project’s likely significant environmental effects. The EIA Report helps to ensure that the importance of the predicted effects, and the scope for reducing any adverse effects, are properly understood by the public and the relevant competent authority before it makes its decision. 19 An EIA screening has been undertaken as part of this submission, concluding that an EIA is not required, as the proposal is not considered likely to have significant environmental effects. This means that, while the development may give rise to environmental effects, these are not considered likely to be significant enough to Page 52 of 142
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warrant a full EIA under the regulations. Concerns regarding the absence of an EIA have been noted within the letters of representation. However, the Planning Authority is satisfied that the environmental matters raised have been appropriately addressed through the supporting documentation submitted with the application, including the voluntarily provided Environmental Appraisal (EA), which assesses potential environmental risks and outlines mitigation measures to minimise any identified impacts. Pre-Application Consultation 20 Pre-Application Reverence: 24/00012/PAN 21 The proposed development is classed as a ‘Major Development’ as defined in the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. Therefore, the applicant was required to undertake formal pre-application consultation with the local community. 22 A Proposal of Application Notice (PAN) was submitted on 25 October 2024. The public engagement carried out is detailed in the supporting Pre-Application Consultation Report. Two public consultation events were held at Braco Village Hall (as well as one earlier non-statutory consultation event held in advance of the submission of the PAN, with a further 6-week feedback period). The first event took place on Wednesday 20th of November 3-7pm and the second event took place on Wednesday 17th of March from 3.30-7.30. The Planning Authority are satisfied that the requirements of the pre-application consultation have been met. Development Plan 23 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 24 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 25 The Council’s assessment of this application has considered the following policies of NPF4: Policy 1: Tackling the Climate and Nature Crises Policy 2: Climate Mitigation and Adaption Policy 3: Biodiversity Policy 4: Natural Places Policy 5: Soils Policy 6: Forestry, Woodland and Trees Page 53 of 142
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Policy 7: Historic Assets and Places Policy 11: Energy Policy 14: Design, Quality and Place Policy 18: Infrastructure First Policy 22: Flood Risk and Water Management Policy 23: Health and Safety Perth and Kinross Local Development Plan 2019 26 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 27 The principal relevant policies are, in summary; Policy 1A: Placemaking Policy 1B: Placemaking Policy 5: Infrastructure Contributions Policy 15: Public Access Policy 26B: Scheduled Monuments and Archaeology: Archaeology Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy Policy 33B: Renewable and Low Carbon Energy: Repowering and Extending Existing Facilities Policy 35: Electricity Transmission Infrastructure Policy 39: Landscape Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy Policy 41: Biodiversity Policy 51: Soils Policy 53A: Water Environment and Drainage: Water Environment Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 54: Health and Safety Consultation Zones Policy 55: Nuisance from Artificial Light and Light Pollution Policy 56: Noise Pollution Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Placemaking (adopted in 2020) Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) Page 54 of 142
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Supplementary Guidance - Developer Contributions & Affordable PKC Non Statutory Guidance Planning Guidance - Planning & Biodiversity Supplementary Guidance - Renewable & Low Carbon Energy (draft) Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC Other Material Considerations 28 Chief Planners Letter – April 2025 highlights the need for Planning Authorities to be proportionate when considering suspensive conditions for all forms of renewable developments and associated enabling works including transmission and distribution infrastructure. This guidance reinforces the need to ensure that conditions are reasonable, necessary, and do not place undue burdens on the delivery of nationally significant infrastructure. 29 The Chief Planner’s letter dated 13 February 2023, regarding transitional arrangements for National Planning Framework 4 (NPF4), states: “In the event of any incompatibility between a provision of the National Planning Framework and a provision of a Local Development Plan, whichever of them is the later in date is to prevail.” This confirms that, where there is a conflict between NPF4 and the Local Development Plan, the provisions of NPF4—being the more recent document—take precedence in decision-making. 30 The Climate Change (Scotland) Act 2009, as amended by the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019. This Act is a key legislative driver in shaping planning policy and decision-making. The Act sets a legally binding target for net-zero greenhouse gas emissions by 2045 and requires significant reductions across all sectors. These targets are embedded within the National Planning Framework 4 (NPF4), which forms part of the statutory Development Plan. As such, the climate obligations set out in the Act are a material consideration in the assessment of this application. 31 Draft Energy Strategy and Just Transition Plan (January 2023) will replace the Scottish Energy Strategy (2017) and the Position Statement (2021) once adopted. The draft plan outlines the Scottish Government’s vision for a net zero energy system by 2045, focusing on delivering affordable, resilient, and clean energy. This aligns with the objectives of National Planning Framework 4 (NPF4) and supports the assessment of energy-related planning applications. Although still in draft form, the Strategy and Plan provide a clear policy direction and are a material consideration in planning decisions, especially where proposals contribute to or align with the transition to renewable energy and low-carbon infrastructure. Page 55 of 142
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National Guidance 32 The Scottish Government expresses its planning policies through Planning Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Those relevant are listed below. Creating Places 2013 33 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 34 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 35 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Local Place Plans 36 Local Place Plans are community-led plans setting out proposals for the development and use of land and set out a community’s aspirations for its future development. There are no Local Place Plans for this location. Consultations 37 As part of the planning application process the following bodies were consulted: External 38 Scottish Environment Protection Agency: SEPA initially provided a holding objection pending the submission of further technical information in respect to flood risk and private water supplies. Following submission, SEPA have withdrawn their objection to the proposed development, subject to conditions. 39 NatureScot: No objection, however, advise that Perth and Kinross Council is required to undertake a Habitats Regulations Appraisal due to the site’s status within close proximity of the South Tayside Goose Roosts Special Protection Area (SPA). Page 56 of 142
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40 Transport Scotland: No objection subject to conditions. 41 Scottish Forestry: No comment. 42 Health and Safety Executive: No objection. 43 Perth and Kinross Heritage Trust: No objection subject to a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) condition. 44 National Gas Transmission: No objection. 45 Braco and Greenloaning Community Council: Object to the proposed development, in summary, on grounds of flood risk, transport and access, environmental impact and contrary to development plan policies. 46 Historic Environment Scotland: No objection. Internal 47 Environmental Health (Noise/Odour): No objections, subject to conditions to control noise, vibration, lighting and construction hours. 48 Environmental Health (Private Water): No objection. 49 Environmental Health (Contaminated Land): No objection. 50 Development Contributions Officer: No developer contribution required. 51 Community Greenspace: No comment. 52 Transportation and Development: No objection, subject to conditions to ensure the safe and efficient operation of the local road network and to minimise disruption to the surrounding community. 53 Structures and Flooding: Further the submission of further information, no objection has been received, subject to condition in respect to SUDs details. 54 Biodiversity: No objection, subject to conditions securing appropriate ecological safeguards and enhancements. 55 Planning Enforcement Officer (Trees): No objection, subject to conditions securing the protection of existing trees and the implementation of a landscape and planting scheme together with compensatory planting. 56 Strategy and Policy: No comment. Page 57 of 142
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Representations 57 A total of 49 letters of representation to the proposed development were received, representing 35 individual households. This includes one representation from Braco and Greenloaning Community Council. The key issues raised in these representations are summarised below: Material Considerations Adverse effect on Visual Amenity Road Safety Concerns Traffic Congestion Loss of sunlight/daylight Loss of open space Over intensive development Cumulative impact with BESS projects and substation application. Out of scale and proportion to the surrounding rural setting Light pollution Flood Risk Noise pollution Loss of trees Air Quality Contrary to Development Plan Policy and NPF4 Inappropriate land use Out of character with the area Economic impact for local businesses Effect on SAC and SPA Excessive Height Concerns that no EIA is required Regulatory and Procedural Issues with Community Engagement Non-Material Considerations Impact of property values Loss of view Community benefit schemes 58 A material consideration is a matter which is taken into account in assessing a planning application. These are issues which are relevant to the decision. The material considerations noted above are addressed in the Appraisal section of the report below. 59 In response to the comments on the grounds of quality of public consultation events, the Planning Authority does not offer any comment in this regard beyond confirming that the pre-application requirements set out by Section 25 of the Town and Country Planning (Scotland) Act 1997 (as amended) have been met. Page 58 of 142
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60 Objections citing non-compliance with specific policies of the Development Plan (comprising NPF4 and LDP2) are noted. However, these documents must be interpreted and applied as a whole. The appropriate mechanism for determining planning acceptability is through the planning balance, which considers all relevant policies and material considerations in context. This assessment is provided in the Appraisal section below. 61 In response to the comments received in respect to no EIA being required, this is addressed in the Environmental Impact Assessment paragraph above. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal AA completed Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Pre-Application Consultation (PAC) Report Environmental Assessment Reports with associated Appendices; Biodiversity Net Gain Report Geo-Environmental Desk Study Private Water Supply Assessment Transport Statement Baseline Noise Survey Details Landscape and Habitat Management Plan Hydrology Report General Environment Management Plan (GEMP) Species Protection Plan (SPP) Arboricultural Impact Assessment Preliminary Design Report Planning Statement Flood Risk Assessment Drainage Impact Assessment B8033 Bendiness Report Page 59 of 142
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Appraisal 62 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 63 The principle of development must be considered under the relevant parts of both NPF4 and LDP2 2019. NPF4, Annex B – National Developments Statement of Need identifies development 3 Strategic Renewable Electricity Generation and Transmission Infrastructure as required to support renewable electricity generation, repowering and expansion of the electricity grid in order to meet its net zero emissions targets in the whole of Scotland. It states that the electricity transmission grid will need substantial reinforcement including the addition of new infrastructure to connect and transmit the output from new on and offshore capacity to consumers in Scotland, the rest of the UK and beyond. Identified development types include new and/or upgraded infrastructure including that directly supporting offshore high voltage electricity lines, cable and interconnectors including converter stations, switching stations and substations (3c). The haul track itself is not designated as a national development, however, it is considered integral enabling infrastructure for the Cambushinnie 400kV substation, which is a national development under NPF4. 64 The proposal falls under the definition of ‘essential infrastructure’ in NPF4 which includes enabling works for renewable energy projects including transmission and distribution infrastructure. The haul track is required to deliver abnormal loads (transformers) and facilitate construction of the substation, making it essential to the delivery of the national development. 65 NPF4 Policy 1 Tackling the Climate and Nature Crises gives weight to the global climate and nature crises in considering all developments, whilst Policy 2 Climate Mitigation and Adaptation seeks to ensure that development proposals will be sited and designed to minimise lifecycle greenhouse gas emissions as far as possible and to adapt to current and future risks from climate change. 66 Policy 2: Climate Mitigation and Adaptation Planning Guidance (June 2025) is national guidance published by the Scottish Government to support the implementation of National Planning Framework 4 (NPF4). It provides detailed advice on how planning authorities and applicants should address climate mitigation and adaptation in development proposals. 67 The guidance emphasises that significant weight should be given to a proposal’s contribution toward national renewable energy generation and greenhouse gas emissions reduction targets. It also highlights sector-specific standards for enabling works, such as grid transmission and distribution infrastructure, referencing Ofgem’s Page 60 of 142
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environmental reporting guidance. This guidance expects network operators to enhance whole-life carbon reporting and align with the Publicly Available Specification (PAS) 2080 standard for major infrastructure projects across the transmission and distribution networks. 68 Planning Authorities are advised to adopt a proportionate approach—assessing whether proposals are likely to result in significant emissions, whether these have been mitigated as far as reasonably possible, and whether appropriate adaptation measures have been incorporated to address climate change risks. 69 The proposed haul track is an essential component of the Cambushinne 400kV substation development, which is part of a strategic upgrade to Scotland’s electricity transmission network. This upgrade is required to accommodate increased renewable energy generation and meet legally binding net zero targets under the Climate Change (Scotland) Act 2009. As essential infrastructure facilitating the transmission of renewable electricity, the proposal is considered to align with the aims of NPF4 Policies 1 and 2. 70 NPF4 Policy 11: Energy supports the development of all forms of renewable energy, including generation, storage, and associated transmission and distribution infrastructure. Specifically, Policy 11a)(ii) provides considerable support for enabling works, however, this support is conditional on meeting additional criteria, including: c) maximising net socio-economic benefits; d) considering international and national environmental designations; and e) addressing environmental impacts through appropriate project design and mitigation. 71 Sufficient information has been provided within the planning submission to allow full consideration of these requirements and is detailed further in the relevant sections below. The proposal is considered to align with the aims of NPF4 Policy 11. 72 NPF4 offers broad support in relation to the development of renewable energy initiatives and infrastructure. The effect of NPF4 policy and proposals therefore creates a presumption in favour of the proposal. Subsequent sections of this report will consider environmental impacts against the relevant policies of the development plan. 73 The Perth and Kinross Local Development Plan 2 (LDP2) 2019 addresses the localised impacts of development, including visual, landscape, amenity, environmental, and technical considerations such as drainage and transport. 74 Although adopted prior to NPF4 and therefore subordinate to national policy, LDP2 broadly aligns with its objectives, particularly in balancing economic growth with sustainable development and climate change challenges at a local level. 75 Whilst Policy 33A of LDP2 does not explicitly refer to “enabling works”—a term introduced by NPF4 Policy 11, which provides explicit support for enabling works associated with renewable energy infrastructure (including transmission and Page 61 of 142
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distribution)—it remains a key policy in assessing this proposal. The intent of Policy 33A encompasses associated infrastructure that supports renewable energy projects and is integral to delivering the substation development. The policy requires consideration of both individual and cumulative impacts, including effects on natural and built heritage, neighbouring amenity, and traffic. Policy 33B encourages low- carbon energy developments, particularly where they can connect to the grid or utilise existing infrastructure. 76 Overall, the principle of development is supported due to its alignment with nationally significant electricity transmission and distribution infrastructure identified in NPF4. However, full compliance with relevant policies—particularly NPF4 Policy 11 and LDP2 Policies 33A and 33B—is required. Although the haul track is primarily enabling infrastructure for the substation, it constitutes a new access route and therefore full compliance with transport-related policies, NPF4 Policy 18 and LDP2 Policy 60B, is also required. Furthermore, both NPF4 and LDP2 require consideration of environmental, social, and economic impacts, which are assessed in detail within the following sections to determine overall acceptability. Landscape and Visual Amenity Landscape Effects 77 Safeguarding and enhancing landscape character is considered via LDP Policies 1A, 1B, 33 and 39 of the LDP2. Whilst Policy 4(a) and (d) of NPF4 considers impacts on the natural environment, Policy 11 (Energy) is of more relevance to an equivalent landscape assessment. These policies seek for any significant landscape and visual impacts of new development to be addressed whilst resisting development that causes unacceptable effects through its scale, location or design on key characteristics, natural landscape elements, features or the composition or quality of the landscape character on either an individual or cumulative basis. However, it must also be noted that NPF4 11(e)(ii) states that significant impacts are to be expected in some cases and therefore may be acceptable. 78 The Landscape and Visual Impact Chapter 4 of the submitted EA Report considers impacts expected during the construction and operational phase within a 1km study area and includes a cumulative assessment. Technical appendices including LVIA methodology, Landscape sensitivity, and Viewpoint Descriptions. 79 The Chapter is supported by Figures including Zones of Theoretical Visibility, Topography, Landscape Character, Visual Receptors, Landscape and Ecological Mitigation Plan, and selected viewpoints. 80 The haul track site lies within the Broad Valley Lowlands – Tayside Landscape Character Type (LCT). The Broad Valley Lowlands LCT extends across Strathallan and is characterised by medium to large-scale agricultural fields, interspersed with hedgerows, tree belts, and woodlands. Transport infrastructure generally follows the natural contours of the valley, linking these rural areas to small settlements. There is a varied sense of openness and enclosure, with expansive views from elevated positions and more contained views where trees, woodland, and topography provide Page 62 of 142
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screening. Settlement is concentrated in Braco village, with scattered rural properties and farmsteads throughout the area. The A822 and B8033 serve as the main transport routes, supplemented by several farm and access tracks within the landscape. Within the study area, this Landscape Character Type (LCT) is not subject to any formal designations but contains several recreational routes and core paths. Scenic quality is mixed, the landscape pattern is varied, and the overall sense of quality is influenced by settlement and land use. Accordingly, the landscape value is assessed as low. 81 Construction and temporary occupation will introduce increased movement and activity, creating a localised influence on the Landscape Character Type (LCT). The permanent haul track will result in a relatively limited change to the LCT once operational. The appraisal concludes that the proposed development would have a minor adverse effect on this LCT during construction, temporary operation, and post- operation phases. A minor adverse cumulative effect during construction and/or temporary operation has also been identified. 82 Braco Garden and Designed Landscape (GDL), situated north of the proposed development, is valued for its architectural and nature conservation significance. However, due to intervening topography and woodland, visibility of the GDL would be minimal or non-existent; therefore, it has not been considered further in the Landscape and Visual Assessment (LVA). 83 The Ochil Hills Local Landscape Area (LLA) encompasses the entire Ochil Hills range, situated between Strathearn and the Loch Leven Basin to the southeast of the proposed development. Characterised by broad, settled lowland agricultural valleys and southern hill ridges, the area is noted for its tranquillity, sense of isolation, and extensive heather moorland interspersed with bands of broadleaf woodland along glens and lower slopes. Although the LLA lies outside the study area and elevated slopes could offer some visibility of the proposal, the separation distance and intervening settlement and development significantly limit potential change. Consequently, the proposed development is not expected to influence the perceptual qualities of the LLA and has therefore not been considered further in the Landscape and Visual Assessment (LVA). 84 The Lowland Hills LCT is located in the northeast of the study area and consists of a series of low ridges and hills between Strathallan and Strath Tay, forming a transitional landscape that separates the valleys and links to the surrounding uplands. This is a transitional landscape, with pastures on lower slopes, woodland and coniferous plantation on mid sloped and open moorlands higher up. Modern settlements with scattered farmsteads, prehistoric standing stone and Roman forts provide an indication of the historical and cultural associations. Part of the Braco GDL is located on the fringe of this LCT. Intervening topography and woodland would result in very little or no visibility of the proposed development from this LCT and as such is not considered further within the LVA. Page 63 of 142
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Visual Effects 85 Visual impacts refer to the effects of a development as perceived by specific receptors, typically more localised than broader landscape impacts. The assessment of visual impact focuses on sensitive visual receptors, which have been categorised into three groups: residential, recreational and road users. Potential visual receptors are noted below: Nearby settlement and residential properties, including parts of Braco village and a number of scattered farmsteads; Users of recreational routes such as local Core Paths network within and near Braco village; and Road users travelling along the A822 and B8033. 86 Representative viewpoints have been selected to illustrate the likely views of the proposed development from various distances and directions, capturing key perspectives relevant to the assessment. The viewpoints are noted below: Viewpoint 1 – Silver Birch Lodge/Easter Feddal - Residential Viewpoint 2 – Glassick Farm – B8033 – Road Users Viewpoint 3 – Glassick Farm - Residential Viewpoint 4 – Loaning View - Residential Viewpoint 5 – Greenhaugh Way, Braco - Residential Viewpoint 6 – Silverton Farm/B8033 – Residential/Road Users Viewpoint 7 – Core Path BRAC/106/1 Kierallan – Recreational and Residential 87 The assessment indicates negligible or minor adverse effects for most viewpoints and associated visual receptors during construction, temporary operation, and post-operation phases. However, Viewpoint 4 (Loaning View) and Viewpoint 6 (Silverton Farm) are expected to experience slightly greater change, with temporary, short-term moderate adverse effects during construction and temporary operation. Once construction is complete and temporary works are removed, these effects are anticipated to reduce to minor adverse levels in the long term. 88 Proposed planting will help to further lessen visual change over time, although not to an extent that would alter the overall level of effect identified 89 Although concerns were raised regarding the absence of viewpoints from within the Stirling Council area, the proposed development is located at a considerable distance and is screened by intervening topography and extensive woodland. These factors significantly limit visibility and ensure that the perceptual qualities of the surrounding landscape remain unaffected. As a result, no significant visual impacts are anticipated on receptors within the Stirling Council area, and further assessment is not considered necessary. Page 64 of 142
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Cumulative Impacts 90 The cumulative assessment considers potential cumulative effects resulting from the proposed development in addition to a number of other similar proposed or consented development. Those cumulative schemes included within the scope of the appraisal are listed below: 21/00756/FLM – 49.9MW battery storage facility – approved; 22/02231/FLM – 49.9MW battery storage facility – approved. 91 The cumulative assessment concludes that no significant adverse landscape or visual effects are anticipated. The two BESS developments lie outside the 1 km study area and are therefore physically separate from the proposed haul track, with minimal potential for intervisibility or contribution to cumulative change. While both BESS schemes will use the existing access track to Braco West Substation at the western edge of the site, any cumulative impact is expected to be limited to localised effects during construction. Following completion of works, there is unlikely to be any perceptible cumulative change Landscape and Visual Conclusions 92 NPF4 Policy 11 is relevant in that it requires projects to mitigate impacts, and address landscape and visual impacts. Criteria 11e ii) does also state that “Where impacts are localised and/or appropriate design mitigation has been applied, they will generally be considered to be acceptable”. The EA Report and the Planning Authority are satisfied that the proposed development satisfies this requirement of the policy. 93 The applicant has proposed compensatory planting to offset tree loss; however, the quantity and coverage suggested is considered insufficient. As a result, the applicant was asked to provide additional planting at the A822 junction or, where tree replacement is not feasible, to introduce hedging as an alternative. It was further recommended that gaps along the roadside be filled with standard trees to deliver a more effective and visually appropriate form of compensation. 94 Whilst a compensatory planting scheme aimed at introducing additional planting across the roadside to mitigate landscape impacts associated with the development has not been provided at the time of writing, the applicant has indicated further tree planting options will be considered. While the Planning Authority acknowledges that securing and maintaining off-site planting can present logistical challenges particularly in terms of land ownership, long-term management and enforceability and whilst it is preferable for this information to be submitted upfront, a pre-commencement planning condition requiring both strategic on and off-site landscape mitigation will be applied. This condition would ensure that compensatory planting is delivered in a manner that meaningfully offsets the visual and landscape effects of the development, contributing to the overall acceptability of the proposal within its rural context. Page 65 of 142
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95 The proposed design, combined with structural landscape screening and tree planting would provide appropriate mitigation to minimise visual impacts as far as possible. While some localised visual effects are inevitable given the nature of the development within an agricultural setting, the facility forms an integral part of the substation construction and is essential to securing Scotland’s future green energy supply. In conclusion, the Planning Authority is satisfied that the proposal, subject to condition, accords with the relevant development plan policies. Natural Heritage, Biodiveristy and Trees 96 NPF4 Policy 6 and LDP2 Policy 40: Forestry, Woodland and Trees are the key policies to be applied in the assessment of effects on trees and forestry. The Council will apply the principles of the Scottish Government Policy on Control of Woodland Removal and there will be a presumption in favour of protecting woodland resources. Where the loss of woodland is unavoidable, mitigation measures in the form of compensatory planting will be required. LDP2 Policy 42: Green Infrastructure further emphasis appropriate tree retention, protection and mitigation and as such is also of relevance. 97 NPF4 Policy 3: Biodiversity, NPF4 Policy 4: Natural Places and LDP2 Policy 38: Environment and Conservation and Policy 41: Biodiversity are the key policies to be applied in the assessment of the potential effects of the proposed development upon Natural Heritage, Ecology and Biodiversity. Broadly, these policies state support in principle for proposals which will conserve, restore and enhance biodiversity whilst resisting development which by virtue of type, location or scale will have an unacceptable impact on the natural environment including nature conservation sites designated for its biodiversity, species, habitat, or geodiversity importance. Arboriculture 98 Chapter 8 of the EA Report is relevant and the chapter is supported by Appendix A: Tree Constraints Plan, Appendix B: Tree Survey Schedule, Appendix C: Tree Protection Plan, Appendix D: Outline Tree Protection Measures and Appendix H: 99 Arboricultural Impact Assessment, all of which are of relevance. 100 Chapter 3.1.of Appendix H: Arboricultural Impact Assessment specifies that the site includes agricultural land with timber/shelterbelts encompassing the agricultural land parcels, Watercourses are located to the north and to the east of the site. Chapter 3.2 specifies that a total of 146 tree features were identified during the fieldwork, formed of 89 individual trees, 41 tree groups, nine hedgerows and seven woodlands. The trees on site are between the age ranges of young to mature and are predominantly in a fair to good condition. 101 The quality of the trees are categorised as A, B, C and U of which there are 49 category A, 46 category B, 49 category C and 2 unclassified (category U). The most significant tree features on site are noted to be those adjacent to the A822 and B8033 respectively. The dominant trees in both locations form a mature mixed Page 66 of 142
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species (predominantly oak on the A822) avenue formed of predominantly high quality (category A) trees. 102 The extent of tree removal required to accommodate the haul track is noted within Chapter 4.3 of the EA Report. Appendix B Tree Survey Schedule provides details of the trees proposed for removal. 103 In addition to the trees identified for removal, the proposed development will result in Root Protection Area (RPA) incursions affecting individual trees, hedgerows, and woodland areas within and adjacent to the site. These incursions are necessary to facilitate construction activities, including the formation of the haul track and associated infrastructure. While measures will be implemented to minimise disturbance, the potential for indirect impacts such as root damage and reduced tree stability remains. Appropriate protective measures and mitigation will therefore be secured through planning conditions to safeguard retained vegetation wherever practicable. 104 The AIA has been assessed on a worst-case scenario where all trees within the footprint of the haul track, and select trees immediately adjacent, are shown to be removed. This relates to individual trees and groups of trees rather than an entire woodland, however, compensatory planting is required to offset the loss of canopy cover on site. 105 Appendix C: Landscape and Habitat Management Plan outlines a comprehensive approach to reinstatement and enhancement of the site’s landscape character. Proposed measures include standard tree planting to infill gaps within existing roadside vegetation along the B8033, reinforcing the visual continuity of tree belts. Hedgerow trees are identified for the south-eastern section of the site to strengthen field boundaries and maintain the established rural pattern. In addition, the scheme incorporates native woodland planting, meadow grass seeding, agricultural grass seeding, and new hedgerows across the site, all aimed at improving ecological connectivity and delivering biodiversity benefits. 106 The Councils Enforcement Officer (Trees) has been consulted and commented that the tree loss associated with the application site that are of significance are primarily native broadleaf tree species and situated adjacent to the adopted roads. The broadleaf trees currently provide a linear corridor of mature vegetation at the roadsides that is considered of high amenity value. The formation of the improved junction will create a sizeable gap in this linear corridor and be detrimental to public amenity. 107 These concerns were relayed to the Applicant and through an amended proposal to remedy some of the tree loss at the adopted road, by adjusting the visibility splay set back, an additional 2 trees can be safeguarded. Whilst this proposal is welcomed, it is not considered to go far enough to compensate for the tree loss proposed. 108 Further communication with the applicant was undertaken to highlight ongoing concerns regarding the significant gap in roadside vegetation created by the Page 67 of 142
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visibility splay and the limited offer of only 12 standard trees as compensatory planting. This level of provision was not considered adequate for a development of this scale. 109 As highlighted in the Landscape and Visual Amenity section above, the initial compensatory planting proposal was deemed insufficient and additional interventions including increased planting at the A822 junction, use of hedging where trees cannot be replaced, and infilling roadside gaps with standard trees were strongly encouraged. These recommendations underscore the need for a more comprehensive approach to offset landscape impacts and ensure that the development maintains visual and ecological integrity. Whilst the proposed Landscape and Habitat Management Plan includes a range of measures such as standard tree planting to infill gaps along the B8033, hedgerow trees to reinforce field boundaries, and additional native woodland planting, meadow grass seeding, and new hedgerows, these interventions will not fully compensate for the extent of mature tree loss resulting from the development. 110 Though a revised detailed compensatory planting scheme has not yet been submitted, the applicant has committed to considering further tree planting options. To address logistical challenges and enforce mitigation, as noted above the Planning Authority will impose a pre-commencement condition requiring both strategic on-site and off-site landscape measures, aiming to achieve meaningful compensation and support the rural character of the area. 111 The Planning Authority considers that, subject to conditions as noted above, the proposal satisfies the relevant policy requirements and provides a proportionate response to the identified impacts. Ecology 112 Chapter 5 of the Environmental Appraisal (EA) Report addresses ecology and nature conservation. The submitted survey information is in accordance with published best practice. Following the submission of additional information and clarity, the survey work is considered adequate for the purposes of ecological assessment. Giant hogweed and rhododendron are present onsite, and an Invasive Non-Native Species (INNS) Control Plan is required and secured by condition. Giant hogweed is a highly invasive plant species that poses significant ecological and public health risks. Its sap contains toxic chemicals that can cause severe skin burns and long-term sensitivity to sunlight. Rhododendron, while less hazardous to humans, is a major ecological concern as it forms dense thickets that outcompete native vegetation, reduce biodiversity, and hinder natural regeneration of woodland habitats. 113 Chapter 6 of the EA Report considers the potential effect of the proposed development on ornithology. Evaluation of the existing baseline environment has been made through a combination of desk-based study, field surveys and consultation. The Council’s Biodiversity Officer has been consulted and notes that due to the habitats present, consultation with the Tayside and Fife Raptor Study Group would normally be expected as part of the desk study data sources. This Page 68 of 142
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group holds valuable local records on species such as red kite, buzzard, and other Schedule 1 birds, which can inform survey scope and mitigation requirements. Biodiversity Enhancement 114 In accordance with Policy 3 of NPF4, Biodiversity Enhancements must be identified in proportion to the opportunities on site, scale of development and informed by the ecological survey. NPF4 does not specify how much enhancement or net positive should be delivered, though biodiversity should clearly be left in a demonstrably better state than without intervention. 115 The Biodiversity Net Gain (BNG) assessment for the haul track indicates a 9% decrease in baseline biodiversity units (BU) for area-based habitats, primarily due to land take and habitat alteration. However, this loss is offset by a substantial 137% gain in linear habitat units (LU) for hedgerows (H), achieved through the creation and enhancement of new hedgerow planting. These measures are designed to strengthen ecological connectivity, improve habitat diversity, and deliver a net positive outcome for biodiversity in accordance with NPF4 Policy 3. While the proposal involves replacing a short section (0.11 km) of non-native hedgerow, it will also introduce 0.27 km of hedgerow, however, regrettably, at the landowner’s request, this is proposed as non-native. This additional planting offers limited biodiversity value, as non-native species do not provide the same ecological benefits as native hedgerows, but it is included to respect landowner preferences and maintain visual continuity. 116 This does not however appear adequate to compensate for the trees and woodland to be lost and as such an updated plan indicating location, quantity, specification and maintenance requirements for compensation and biodiversity enhancement measures shall be submitted for the further written agreement of the Council as Planning Authority, which can be secured by condition. Protected Areas 117 The applicant has submitted a Shadow Appropriate Assessment (SAA) which considers any effect on European sites. 118 The proposed development site is not located within or immediately adjacent to any designated nature conservation sites, including Special Protection Areas (SPAs), Special Areas of Conservation (SACs), or Sites of Special Scientific Interest (SSSIs), however, there are 5 European sites within 10km of the proposed development. These designations are recognised as statutory nature conservation sites due to their ecological, habitat, or species importance. Given the separation distance and lack of hydrological connectivity, it is concluded that the proposal will not result in any likely significant effects on the qualifying interests of these protected areas. 119 These closest designated sites are listed below. Four of the European sites (SACs) have been assessed as not being significantly affected by the proposed development and as such have been ‘screened out’ of the Appropriate Assessment stage. Page 69 of 142
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South Tayside Goose Roosts SPA; Shelforkie Moss SAC; River Teith SAC; Upper Strathearn Oakwoods SAC; Kippenrait Glen SAC. 120 Chaper 4 of the SAA sets out the Appropriate Assessment (AA) on the qualifying species of the South Tayside Goose Roosts SPA. The AA assesses the disturbance of qualifying/supporting species and barriers to or displacement of qualifying/supporting species. These impacts could potentially lead to a significant effect on the qualifying species of the SPA. In addition, consideration is also given to the potential for other plans or projects to act-in combination with the proposed development to give rise to likely significant effects. South Tayside Goose Roosts (STGR) Special Protection Area (SPA)/Ramsar 121 Component sites of STGR SPA encompasses Carsebreck Loch and surrounding waterbodies and wetland habitat, part of which is also designated as Shelforkie Moss SAC. This SPA overlaps Shelforkie Moss SAC at its western end and is located 1.3km from the proposed development at its closest point. It comprises 3 widely separated designated areas which include the lochs known as Lower Rhynd and Carsebreck loch.The SPA is designated for populations of wintering waterfowl, greylag and pink-footed geese as well as breeding populations of wigeon. The site’s status means that the requirements of the Conservation (Natural Habitats, &c.) Regulations 1994 as amended (the ‘Habitats Regulations’) apply or, for reserved matters, The Conservation of Habitats and Species Regulations 2017. Consequently, Perth and Kinross Council is required to consider the effect of the proposal on the SPA before it can be consented (commonly known as Habitats Regulations Appraisal). 122 Greylag and pink-footed geese are known to forage up to 20km from their roost sites. The proposed development being 1.3km from the SPA at its closest point is therefore within the foraging range of geese using all the waterbodies encompassed by STGR SPA. As such the proposal is likely to have a significant effect on graylag and pink-footed geese of STGR SPA due to the proposal being on land within foraging distance of the SPA and includes suitable foraging habitat. 123 Consequently, Perth and Kinross Council, as competent authority have carried out an Appropriate Assessment (AA) in view of the site’s conservation objectives. The AA concluded that the proposal will not adversely affect the integrity of the site due to the area of foraging habitat that will be lost to geese is small relative to the total area of suitable habitat within the foraging distance of the SPA. However, the Habitats Regulations require competent authorities to ensure no likely significant effect, and best practice is to include a CMS as part of a Construction Environmental Management Plan (CEMP). This would provide assurance that mitigation measures such as noise controls, lighting restrictions and pollution prevention are implemented consistently throughout the works. Page 70 of 142
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Cumulative 124 The cumulative ecological impacts of the proposed development have been assessed in combination with the following planning applications: 21/00756/FLM – 49.9MW battery storage facility – approved; 22/02231/FLM – 49.9MW battery storage facility – approved. 125 The evaluation considered whether other developments, when combined with this proposal, could result in significant cumulative effects on key ecological features. This assessment was informed by professional judgement, baseline environmental data, and supporting technical studies. The findings concluded that no cumulative impacts were identified that would lead to residual effects beyond a negligible level, whether the developments occur simultaneously or sequentially. This is contingent upon the mitigation measures outlined in the Environmental Appraisal being implemented effectively, and on other related planning approvals applying equivalent safeguards. Natural Heritage Conclusion 126 The relevant consultees, NatureScot, PKC Biodiversity Officer and PKC Enforcement Officer (Trees) have no objection to the proposal subject to conditions as referenced above. It is considered that the EA Report and supporting documents satisfies the requirement for an evidence-led approach to the assessment of potential impact upon the Natural Environment. Appropriate information has been submitted in support of the application. The Planning Authority is satisfied that the proposal complies with development plan policies as noted above. Cultural Heritage 127 NPF4 Policy 7 Historic assets and places and LDP2 Policy 26B Archaeology, Policy 27A Listed Buildings, Policy 29 Gardens and Designed Landscapes, Policy 30 Protection Promotion and Interpretation of Historic Battlefields and Policy 31 Other Historic Environment Assets are the most applicable policies to assess the application against in terms of potential impacts upon the historic environment. 128 Broadly these policies seek to protect and enhance historic environment assets and places, whilst resisting development which would have an adverse impact on the character, integrity or setting of listed buildings or scheduled monuments, or other archaeological sites. 129 Chapter 7 of the EA report covers ‘Cultural Heritage’. A study area of 1km extending from the boundary of the site was used to identify heritage assets. A search of designated assets of a wider study area of approximately 2km has also been undertaken to allow consideration of setting issues. The methodology included a desk study of records, and a walkover survey. 130 The baseline study identified ten heritage assets identified within the 1km study area including two Scheduled Monuments, seven Listed Buildings and one Page 71 of 142
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Garden and Designed Landscape. A review of designated assets within 2km of the proposed site boundary recorded a further seven listed buildings. A total of 62 non-designated assets were recorded within 1km of the development site. The majority of designated assets are located in Braco village itself and included assets in the settlement of Greenloaning to the south of the 2km study area as well as Braco Castle and Blackhill Old Toll House to the north. 131 In terms of archaeology, the assessment consisted of desk-based research and a walk over survey alongside an outline of requirements for mitigation. The site has previously been used for arable agricultural, therefore, any surviving unknown archaeology is low. Perth and Kinross Heritage Trust (PKHT) have been consulted and advised that whilst the architectural potential is considered to be low, there is still the potential for previously unrecorded assets to remain within the footprint of the proposed development. A phase of archaeological evaluation trenching will be required to fully assess the archaeological potential of the proposed development. The findings from these works will inform the final mitigation strategy, which may include, but is not limited to, full archaeological excavation, detailed recording and publication, or monitoring during construction. All archaeological works will be agreed with PKHT and carried out in accordance with a Written Scheme of Investigation (WSI) approved by PKHT 132 The assessment concluded that no significant adverse impacts on cultural heritage assets are anticipated, subject to compliance with the archaeological condition outlined above. There are no concerns regarding potential impacts on Listed Buildings or Scheduled Monuments. Following a review of the relevant chapter of the Environmental Appraisal and consideration of comments from PKHT, the Planning Authority is satisfied that the proposal will not affect the setting of any Listed Building, Scheduled Monument, or archaeological resource, subject to the agreed mitigation measures. As such the proposal meets with the requirements of the above-named policies. Transport and Access 133 NPF4 Policy 18 Infrastructure First and LDP2 Policy 60 Transport and Accessibility are the most applicable policies to assess the application against in terms of potential traffic and transport impacts. These policies seek to encourage, promote and facilitate an infrastructure first approach to land use planning, which puts infrastructure considerations at the heart of placemaking whilst the formation of new accesses should be designed to the satisfaction of the Council’s Transportation and Development Team. 134 Colleagues in the Transportation and Development Team have been consulted on the proposal and have also visited the proposed Haul Track site and associated sub-station site (subject of a separate planning application) and Braco Village itself. Phasing 135 This application is proposed to avoid the applicant using the A822 though Braco and then the B8033 during the construction phase of 25/00490/FLN. However, Page 72 of 142
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there will be a requirement for the applicant to utilise the A822 through Braco and the B8033 during the construction of the proposed Haul Track. The Haul Track will be constructed from the A822 south of Braco linking to the B8033 over the Keir Burn with a vehicular crossing location over the B8033 where the Haul Track will continue to meet the access track towards Cambushinnie. The applicant is proposing to construct the Haul Track in a phased approach: Phase 1 will involve the construction of the vehicle access onto the A822 along with the appropriate visibility splays. In constructing this area, welfare facilities will be constructed. Phase 1 will involve the construction of the Haul Track from the A822 to the Keir Burn Phase 2 will involve construction of the vehicle access onto the B8033 from the east of the road and the formation of the Haul Track from the B8033 to the Keir Burn. Bridge this will involve the construction of a Bailey Bridge to link Phases 1 and 2. Phase 3 this will involve the construction of the vehicle access onto the B8033 from the west of the road and the formation of the Haul Track from the B8033 to the Cambushinnie access track. 136 Each of the Phases are shown in Figure 1. Figure 1 – Haul Track Phasing Construction Traffic Route 137 The construction traffic associated with the Haul Track has been identified by the applicant to travel from the south of the site, utilising the A9(T) from the north and south, resulting in all movements from the A9(T) being considered by the applicant. Traffic will then join the A822 from the south and if required will use the B8033 to travel to the construction sites. 138 It should be noted that it is not possible for HGVs over 10 tonnes to utilise the B8033 to the south due to the weight restriction on the Kinbuck Bridge, Figure 2. Page 73 of 142
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Figure 2 – Kinbuck Bridge 10 Tonne weight restriction 139 The applicant has undertaken an assessment of the routes to the site, with the collection of Automatic Traffic Counters and Junction Turning Counts undertaken in April 2024. The results show that on the B8033 (Easter Feddal) carries approximately 400 vehicles daily, this reduces when heading west along the B8033, where this reduces to approximately 250 vehicles daily. On the B8033 at the Primary School and Village Hall the number of vehicles increases to approximately 800 vehicles daily. The A822 carries larger volumes on a daily basis with figures between 4,000 and 4,500. The A9 carries the largest number of vehicles with daily traffic volumes of between 26,000 to 30,000 daily. 140 The applicant has undertaken an assessment to determine the impact of the development on the local road network showing the anticipated increase in Total Vehicle and HGVs. The applicant has determined that the peak demand for the Haul Track will correspond to week 27 July 2026, where during this period there will 36 HGVs and 32 LGVs forecast to be arriving on site per working day. 141 These figures have then been used to determine the anticipated increases in vehicles numbers and HGVs. On the B8033 at Braco Primary School and Village Hall there will be an increase in the number of HGVs by 413%, increasing from a value of 18 to 90 with overall traffic increasing by 15% from 822 to 942. The largest increase in overall traffic is experienced on the B8033 at the Bridge of Keir where traffic increases by 29% and HGVs increase by 468%. It should be noted that the number of HGVs that currently utilise the local road network is low, so local residents will notice an increase in HGVs using the local road network during the project. By contrast, the comparison that the applicant has undertaken on the Trunk Road network shows that the increases in HGVs will be 2% which is due to the larger number of HGVs using the A9 between 3,000 to 3,500 daily. 142 During the construction phase of the Haul Track, there will be an increase in traffic movements on the A822 and the B8033. The applicant has proposed a number of mitigation measures on the B8033 including: Installation of guardrail on B8033 footways in the vicinity of Braco Primary School and Braco Village Hall Page 74 of 142
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Upgrading of the zebra crossing Installation of temporary traffic management on the Bridge of Keir due to the narrow road carriageway over the bridge, Figure 3, and the inability of two vehicles to be able to pass over the bridge. To provide traffic management over the bridge and on the road leading up to the bridge, the applicant will be required to undertake an assessment of the available road widths to ensure that vehicles crossing the bridge will have sufficient space to pass traffic on the opposite side waiting to cross the bridge, a minimum road width of 5.5 metres will be required, but an assessment of the vehicles likely to be utilising the road will need to be undertaken. Figure 3: - B8033, Bridge of Keir 143 Once the proposed Haul Track is suitably formed, construction traffic will make use of this haul route to bypass the village of Braco and to avoid using the B8033. Construction of the Haul Track will however require access through Braco and the B8033, and the mitigating measures, particularly as construction traffic passes the school. This will be controlled by condition. 144 Transport Scotland has not objected to the construction traffic route from the A9, subject to conditions. 145 The mitigation measures noted above can be secured by condition. B8033 - Braco Primary School 146 Braco Primary School utilise the Braco Village Hall during the day for assemblies, whole school events, school lunches and on two days per week the school undertake physical education in the hall. The applicant has proposed a number of mitigation measures for the B8033 outside the Primary School. 147 Further to the mitigation proposed, and due to the close proximity of Braco Primary School to the public road network on the B8033 Feddal Road, the applicant will not be able to utilise the B8033 between the hours of 08:30 to 09:15 and 14:45 and 15:30 during school arrivals and departures. This can be secured by condition. 148 The additional mitigation measures proposed along the B8033 will provide greater safety and reassurance for staff at Braco Primary School, particularly during times Page 75 of 142
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when pupils need to move between the school and Braco Village Hall for assemblies, lunches, or other scheduled activities throughout the school day. Visibility splays 149 Visibility splays are proposed at the junction with the A822. The applicant will be required to provide the visibility splays they have detailed for the A822. This will be secured by condition. 150 For the crossroads at the B8033, the applicant has proposed traffic management to control movements over the B8033 due to the applicant not being able to provide sufficient visibility splays - B8033 Junction Visibility Splays (Report No. 43). The B8033 Bendiness Report (Report No. 95) provided by the applicant highlights that splays of 160 metres will be required at the proposed B8033 junction. The B8033 Bendiness Report has sited that the environmental and practical implications to achieve the splays will result in significant tree clearance and associated habitat, as a result the author of the B8033 Bendiness Report has recommended that temporary traffic management is provided for the use of the B8033 crossroads. 151 As a result, a signalised junction is proposed, which will stop the traffic on the B8033 to then allow the traffic from the Haul Track to cross the B8033. The position of the signal heads will need to be considered to ensure that users of the B8033 will have sufficient forward visibility to see the signal head. In doing so, the applicant will be required to demonstrate that there will be sufficient space for two-way traffic to pass once the signals on the B8033 have returned to allow users of the B8033 to flow, this may require localised widening of the B8033 to achieve a minimum width of 5.5 metres. This, however, can be controlled by condition. Core Paths 152 There are a number of core paths in the immediate vicinity of the construction works. To safeguard public access, ensure safety, and protect infrastructure, a planning condition is recommended to manage potential impacts. This condition will include measures to maintain connectivity, address any temporary closures or diversions, and require the repair of any damage to core paths or associated signage resulting from construction activities. Car Parking 153 The applicant has confirmed that parking will be available off the public road network, and no parking will be required on the public road network. Construction Traffic Management 154 A condition is recommended to secure a construction traffic management plan (CTMP) which will outline the agreed construction traffic routes and abnormal loads matters. Mitigation measures may be required which can be addressed through the condition. Page 76 of 142
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155 The applicant will be required to enter into a Section 96 of the Roads (Scotland) Act 1984 agreement for a conditional survey for the proposed construction traffic road and abnormal loadings route. The PKC Structures Team have advised that abnormal loads related to this development will not be approved until the relevant requirements have been satisfied. The Section 96 agreement shall include baseline and end-of-Section 96 inspections, full CG300 technical approval of all assessments, and any strengthening or alterations required to ensure safe passage of all proposed loads over bridges, culverts, and embankments covered within the scope of CG300 along the proposed route (PKC adopted roads). Certification must be completed prior to any load movements, in full accordance with PKC Structures Team requirements. Early consultation with Structures team is strongly recommended to reduce risk of delays. A condition is recommended. 156 PKC will require to be satisfied that the size of loads proposed can negotiate the construction traffic route. An informative is recommended with respect to the PKC abnormal loads procedure. Key pinch points on the local road network and swept path tracking should be undertaken and details provided with regard to any required changes to street furniture or structures along the route. 157 The framework construction traffic management plan confirms that construction activities related to the proposed development are anticipated to be: 07:00 – 19:00 Monday to Friday Saturday 08:00 – 13:00 No construction activities to take place on Sundays and on bank holidays unless in exceptional circumstances. This will need to be agreed with the Road Authority in advance. 158 Construction traffic times will be secured by condition. Transport and Access Conclusion 159 The Council’s Transportation and Development Team and Transport Scotland have raised no objection to the application, subject to the conditions outlined above. The Planning Authority is satisfied that, with these conditions in place, traffic impacts during both the construction and operational phases can be effectively managed. The proposed development is considered to comply with NPF4 Policy 18 and LDP2 Policy 60. Flooding and Drainage 160 NPF4 Policies 11 and 22, along with LDP2 Policies 52 and 53, require that all forms of flood risk are fully understood, appropriately addressed, and that developments are designed to be flood resilient without increasing flood risk to surrounding areas. Furthermore, LDP2 Policy 53 requires developers to satisfactorily meet the required standards for water, wastewater and surface water drainage servicing. 161 The key policies in respect of Private Water Supplies are NPF4 Policy 23: Health and Safety and LDP2 Policy 53E: Water Supply. These policies combined seek to Page 77 of 142
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ensure that development proposals do not pose unacceptable risks to public health and safety. Developments must not adversely affect the quality or quantity of private water supplies. The overarching goal is to protect human health and ensure safe, reliable access to water, particularly for properties dependent on private sources. 162 In relation to Hydrology and Hydrogeology, this is covered in the EA Report under Chapter 9. The chapter is supported by Appendices and separate supporting studies including Private Water Supply Assessment; Drainage Impact Assessment; and Flood Risk Assessment. 163 In terms of baseline, the study area includes an area of 1km from the site boundary. The proposed development is situated within the Allan Water Catchment. Within that catchment, the proposed development is located within the sub-catchment of Bullie Burn. Within the Bullie-Burn sub-catchment there are three main water features; the Keir Burn, unnamed watercourses and ditches and unnamed ponds/lakes. Allan Water has been designated as heavily modified due to the surrounding agricultural land drainage system and Bullie Burn has been classed as having a moderate overall status. 164 The site is underlain by bedrock Water Framework Directive (WFD) groundwater body ‘Dunblane’. It has been classified with water quality ‘good’ and overall condition as ‘poor’. To the south of the study area near the B8033, there is also a superficial WFD groundwater body ‘Strathearn Sand and Gravel’. This is a superficial aquifer which is dominated by intergranular flow. 165 Surveys found areas of damp grassland that rely partly on groundwater and partly on surface water to stay wet. The most sensitive areas are outside the site and will not be affected, but some moderately sensitive areas within the site could be impacted by the proposed works. These areas depend on water from underground sources and nearby surface water features to maintain their wet soils. 166 The EA Report Chapter 3.3.3 states there are no known private water supples (PWS) within 1km of the site, however, Chapter 9.4.46 states that Appendix J Private Water Assessment includes a PWS assessment outlining the PWS identified in the wider area and distance to the proposed development. This details that there is a PWS (Blairmore) 41m from the proposed works. SEPA have been consulted on the proposal and noted the contradiction and subsequently requested further information in respect to the supply/source. The applicant confirmed this was an error in the submission and submitted an updated Appendix J which now states there are no known private water supples (PWS) within 1km of the site to align with the EA Report. 167 According to SEPA’s indicative flood mapping the site falls within an area at risk from fluvial flooding, specifically towards the east of the proposed development, from the A822, extending to the immediate west of where the B8033 crosses the proposed development boundary. The fluvial flooding at this location is associated with the Allan Water and five of its tributaries, namely the River Knaik, the Keir Burn, Feddal Burn, Millstone Burn and an unnamed watercourse. The proposed Page 78 of 142
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development connects to the A822 and B8033, it is noted within the submitted Flood Risk Assessment, that both of these roads appear to be at risk of flooding. Private Water Supplies 168 As noted above, a Private Water Supply Assessment (Appendix J) has been submitted which provided a summary of findings and recommendations. There were a total of five PWS identified from PKC and Stirling council records, however, all are noted to be outwith the 1km study area . To safeguard private water supplies (PWS) within the vicinity of the proposed development, SEPA recommends a precautionary buffer zone of 250 metres around any known PWS source and whilst the submission notes no supplies are within 1km of the site, this has not been confirmed by a walkover survey due to access restrictions. 169 The primary risks to private water supplies (PWS) relate to accidental spillages and sediment-laden runoff arising from construction activities associated with the proposed Haul Track. The construction phase may elevate these risks. However, with the implementation of standard mitigation measures, the potential for contamination is significantly reduced. SEPA have commented that the Bentick and Blairmore properties lie >1km from the Haul Road development boundary and at a significantly higher elevation. It is therefore considered very unlikely the supplies could lie within SEPAs defined buffer zone, however, since the location cannot be confirmed absolutely in the absence of the walkover survey, they have advised to append a condition requiring a Water Management Plan in line with the Council’s Private Water Supply Teams’ response to the substation application, planning reference 25/00490/FLN. This could include monitoring and possible contingency plans should any supply be affected. 170 Subject to condition, the Planning Authority are content that the proposal would meet the requirements of NPF4 Policy 23 and LDP2 Policy 53E. Flooding 171 The proposed Haul Track will be approximately 1,239 metres long. Around 550 metres from the A822 junction will have an asphalt surface, while the remaining section will use an unbound Type 1 stone finish. The track will generally be 6.5 metres wide with 1.2 metre verges and associated earthworks. It will connect to the A822, the B8033, an existing access track, and the access to Braco West Substation. A temporary bridge over the Keir Burn is also included and will be removed once works associated with planning application 25/00490/FLN are complete. A temporary access control compound and vehicle wash station, temporary construction areas for laydown and welfare facilities, associated landscaping/screening and associated drainage in the form of swales are also proposed. 172 In terms of topography, the FRA notes that the lowest elevation of the Haul Track sits at 107m (AOD) at the Haul Track junction with the A822. The highest elevation in the immediate vicinity of the Haul Track is 132m AOD, located between the B8033 and the existing access track to Braco West Substation. Page 79 of 142
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173 The site drains into local watercourses connected to the Allan Water catchment. Most of the area west of the B8033 flows to a small tributary of the Allan Water, while the eastern section drains to the Keir Burn, which runs through Braco before joining the Allan Water. Other nearby burns, including the River Knaik and Feddal Burn, lie outside the site but also feed into the same catchment. 174 SEPA flood maps show the site is largely at high risk of fluvial flooding. Hydraulic modelling confirms this risk can be managed through mitigation, including culverts to maintain water flow and strengthening an existing flood embankment downstream of Keir Burn. A maintenance regime will ensure culverts remain clear and functional. 175 SEPA have been consulted on the proposal and noted that PKC confirmed the proposal falls within exception (i) of NPF4 Policy 22a and as such the development is supported in the flood risk area, subject to the criteria listed in the five bullet points of Policy 22a being addressed. They, however, issued a holding objection on the basis of the submission of more technical information being required such as; compensatory storage, additional hydraulic modelling, design flows clarification, culvert design and wall water course crossings. Following the submission of further technical detail, SEPA have withdrawn their objection, subject to condition. 176 The Council’s Flooding and Structures Team have been consulted and following the submission of further technical detail, have not raised any objections. The proposal for essential infrastructure is supported under Policy 22a i) of NPF4. The Planning Authority are content that the proposal would meet the requirements of the above noted policies. Surface Water 177 The SEPA surface water flood risk maps shows the proposed development is largely not at risk of flooding from surface water. The submitted FRA notes there are two very small isolated pockets which have a medium probability of flooding. These are noted to be small, localised depressions in the landscape that are highlighted by the pluvial modelling process. One of the areas is immediately adjacent to the Keir Burn and the other is to the west of the A822. 178 Surface water from the proposed development will be managed by a new surface water drainage system. The proposed drainage system design comprises filter drains within the verges of the Haul Track which discharge to swales at the toe of the embankments. The swales are also proposed to act as pre-earthworks drainage and discharge to the Keir Burn and the unnamed watercourse. As a result, the risk of surface water flooding is considered to be low. Groundwater 179 Excavation activities have the potential to alter local groundwater flows, with earthworks likely to result in minor disruptions. However, with the implementation of good practice measures and the recommendations outlined in the Drainage Page 80 of 142
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Impact Assessment, the effects on groundwater are considered negligible and not significant in relation to groundwater flooding to third parties. Cumulative 180 A cumulative appraisal was undertaken taking into account the ‘scoped in’ planning applications as listed below: 21/00756/FLM – 49.9MW energy storage facility; 22/02231/FLM – 49.9MW energy storage facility. 181 Both applications noted above would be located approximately 2.8km and 2.9km north of the proposed development of which are a considerable distance from the site. The assessment concludes that cumulative impacts on geology, soils, water quality and flow are not expected to be significant. This conclusion is based on the distance from the proposed development, Furthermore, providing all other developments in the area adhere to industry best practice and implement effective source control measures, will likely result in only minor residual effects. Also, the variation in construction schedules and activities across different developments reduces the likelihood of simultaneous impacts occurring within the same catchments. Flooding and Drainage Conclusion 182 Overall, it is considered that appropriate information has been submitted in respect of flooding and drainage matters. In relation to consultees, the Council’s Flooding and Structures Team and SEPA have no objection, again subject to conditions. In terms of the policy position relating to flooding and drainage, the proposal complies with NPF4 Policy 22 and LDP2 Policies 52 and 53. Geology and Soils 183 NPF4 Policy 9: Brownfield, vacant and derelict land and empty buildings and LDP2 Policy 58: Contaminated Land, are the most applicable policies to assess the proposal against in terms of potential contaminated land impacts. These policies require developers to demonstrate that land which is potentially contaminated can be developed in a safe and suitable manner. 184 Chapter 9.4.22 of the EA Report considers geology and soils. This chapter is supported by a Geo-Environmental Desk Study Report. It is noted within this report that the main potential on-site sources of contamination associated with the site relate to the long history as agricultural land and the presence of minor roadways and tracks. Agricultural land is unlikely to represent a significant source of contamination. 185 The Council’s Contaminated Land Team have been consulted and advised that the site does not raise any concerns in respect to any contamination on the site. A search of the historical mapping has not identified any potential sources of contamination likely to impact upon the proposed development site and there is no Page 81 of 142
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further information held by the Authority to indicate that the application area has been affected by contamination. However, it shall be the responsibility of the applicant to satisfy themselves that the ground conditions are suitable for the development for which planning consent has been granted. 186 Overall, the EA Report finds no significant effects. No mitigation is required. Relevant consultees (Contaminated Land) are satisfied with the proposals. The Planning Authority are satisfied that the proposal complies with NPF4 Policy 9 and Policy LDP2 Policy 58 Noise, Vibration and Lighting 187 NPF4 Policy 23 and LDP2 Polices 55 and 56 are of relevance in relation to noise, dust and light pollution. Generally, these policies do not support proposals that are likely to result in obtrusive and/or intrusive effects and/or raise unacceptable noise issues and in cases where a Noise Impact Assessment indicates that a proposed development could have a significant detrimental impact on noise levels, appropriate mitigation measures must be provided. Noise and Vibration 188 Chapter 11 of the Environmental Appraisal document dated June 2025, which was prepared by AECOM, addresses construction noise and vibration and assessments. These were undertaken in accordance with PAN1/2011, BS5228 2009 +A1:2014 Code of Practice for Noise and Vibration Control on Construction and Open Sites – Part 1: Noise. BS5228-1 and Part 2: Vibration and CRTN for construction traffic noise (Figure 11.3 Construction Traffic Noise Assessment Routes). 189 Construction noise arising from the proposed development have been assessed at selected Noise Sensitive Receptors (NSR) within a study area of approximately 300m from the Haul Track. Four NSRs were identified as Loaning View (NSR1), Gamekeepers Cottage (NSR2), 1,3,5,7 and 16 Commanders Grove (NSR3) and Kierallan House (NSR4). 190 Construction vibration arising from the proposed development works has been assessed at selected vibration sensitive receptors within a study area of approximately 100 m of the site. A noise survey to define the acoustic character of the area was carried out by an experienced WSP consultants - Figure 11.1 Baseline Measurement Positions and NSRs. Noise Survey results are presented in Table 11.6. Calculation of Road Traffic Noise (CRTN) measurements were carried out between 18 & 19 June 2024 and the position of CTRN1 was located at the junction of Muthill Road and A822 and CTRN2 was located at the junction of the access road to Tamano Farm and B8033. 191 To predict the sound levels from the construction works, an acoustic model of the site and proposed development was created in DataKusttik GmbH CadnaA 2024 MR1.The predicted façade noise levels at NSRs associated with each typical and worst-case construction activities are presented in Table 11.7. The predicted noise Page 82 of 142
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levels at NSR1 to NSR4 meet or fall below the Category A threshold of 65 dB for weekday daytime hours for the key noise-generating construction activities. 192 The predicted ground borne vibration levels are set out in Table 11.8 which indicates the predicted vibration levels are well below limits at which cosmetic building damage becomes likely (15 mm/s) and, at worst, at which construction vibration is likely to be perceptible in residential environments (0.3 mm/s). This indicates the vibration generated by the construction activities associated with the proposed development are unlikely to impact the nearest NSRs. 193 Construction Traffic Noise - the results from the Transport Assessment have been used as the basis for determining the change in noise levels arising on public roads because of construction traffic. Road traffic noise calculations have been carried out in accordance with CRTN, being undertaken for a notional receptor location 10 m from the edge of the Carriageway. 194 The predicted road traffic noise levels from construction traffic LA10,18hrs(dB) for the three scenarios (Scenario 1: 2026 Baseline, Scenario 2: 2026 Baseline + Proposed Development Construction and Scenario 3: 2026 Baseline + Committed Developments + Proposed Development Construction) are in Table 11.9 & 11.10. The report concluded that in summary taking into account acoustic context of the noise levels changes, the magnitude of this temporary impact would be minor on Feddal Road (West of A822/Feddall Road Junction) and the B8033 (Bridge of Keir and Glassick) and negligible on Millhill Road (West of A9/ Millhill Road Junction). For all remaining routes, noise level changes range from 0.0dB to +0.8dB and the magnitude of this temporary impact would, at worst, be negligible. 195 Recommendations and Mitigation are set out in section 11.7 and states that a Construction Environmental Management Plan (CEMP) would be prepared prior to the commencement of works with recommendations related to noise and vibration. In addition to the CEMP, it is recommended that temporary noise barriers are used to screen plant and reduce construction noise when activities are being carried out in proximity of NSR1 and NSR2 shown in Figure 11.2, Appendix A. Mitigation measures to reduce the potential impacts associated with development generated traffic on public highway is included in Chapter 10 Traffic and Transport. Noise and Vibration Conclusion 196 The Council’s Environmental Health (EH) Team have been consulted in respect of this proposal and has raised no objection to the development, subject to conditions to protect the residential amenity of Noise Sensitive Receptors. The Planning Authority are satisfied that there would be no unacceptable significant effects in relation to noise. Mitigation measures would be secured by condition(s), including a Construction Environmental Management Plan (CEMP) to manage the impact of construction activities. 197 It is noted that the applicant seeks working hours Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours and there may be times where 24 hour working is required, seven days a week and potential for out of Page 83 of 142
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hours ad-hoc working. The Planning Authority are not agreeable with 7 day working given the proximity to noise sensitive receptors and the potential to negatively affect the amenity of local residences. A planning condition would be applied requiring any works required to take place outwith normal working hours to be agreed with the planning service in order to safeguard amenity for local residents. 198 In conclusion, with conditional control in place, the proposal complies with the above named policies. Lighting 199 Lighting requirements is noted within the EA Report which specifies that the proposed development will not be lit during normal operation. Lighting requirements for the construction phase may be required. The temporary construction compounds may be lit during working hours during the winter periods. The effects from light disturbance are to be mitigated through good construction management, strongly directional and directed only on to the works area and be turned off when not required use of light sensors, to minimise light spillage. Lighting Conclusion 200 The Council’s Environmental Health (EH) Team have been consulted in respect of this proposal and has raised no objection to the development, subject to condition to ensure residential amenity of residential properties are not adversely affected from light intrusion from the development. Their assessment of lighting impacts concluded that, with appropriate mitigation measures, the development will not result in unacceptable light intrusion to neighbouring properties. 201 The Planning Authority are satisfied that there would be no unacceptable significant effects in relation to lighting. Mitigation measures would be secured by condition to manage any impact of the construction and operational stages of the development. Dust 202 Construction sites present multiple potential sources of dust emissions that require continuous and proactive management to ensure effective control throughout the project lifecycle. These sources typically include, but are not limited to, haul roads and access tracks, loading and unloading of materials, material transportation, soil storage areas, and activities such as quarrying or blasting. Without robust mitigation, these activities can lead to airborne particulates that affect air quality and local amenity. By identifying these risks early and embedding best-practice dust suppression measures—such as water spraying, wheel washing, and controlled material handling—within the Construction Environmental Management Plan (CEMP), the development demonstrates a strong commitment to environmental protection and compliance with national standards Page 84 of 142
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203 The applicant has submitted General Environmental Management Plan (GEMP) Appendix O which demonstrates a proactive approach to air quality by requiring a comprehensive Dust Management Plan to be embedded within the Construction Environmental Management Plan (CEMP). This integration ensures that dust control measures are not treated as an afterthought but as a core component of the project’s environmental strategy. The Dust Management Plan will be required to outline best-practice techniques such as water suppression, wheel washing, and continuous monitoring to minimise airborne particulates during construction. By incorporating these measures under the Air Quality Management section of the CEMP, the proposal reflects a strong commitment to safeguarding local air quality, protecting public health, and maintaining compliance with national environmental standards. Dust Conclusion 204 The Council’s Environmental Health (EH) Team have been consulted in respect to air quality and subject to the implementation of the Dust Management Plan within the Construction Environmental Management Plan (CEMP), the proposal is considered to comply with the relevant provisions of National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (LDP2) in relation to air quality. These measures will ensure that dust emissions from construction activities are effectively controlled, safeguarding local air quality, protecting residential amenity, and meeting national environmental standards. Socio-economic Impacts 205 NPF4 Policy 11(c) – Energy and Policy 25 – Community Wealth Building (CWB) support development proposals that deliver measurable socio-economic benefits, such as local employment, business opportunities, and contributions to community wealth-building strategies aligned with regional economic priorities. While these outcomes lie beyond the direct control of the planning system and cannot be secured through planning conditions, only limited weight—either positive or negative—can be given to these considerations in determining the application. However, although this application for the Haul Track is not directly applicable to these policies in isolation, it is considered relevant because the haul track is essential enabling infrastructure for the proposed substation—a nationally significant development under NPF4. As such, the socio-economic benefits associated with the substation project, which this haul track facilitates, are material considerations that reinforce the strategic importance of the proposal. 206 A socio-economic statement has been submitted in support of the application. It sets out the applicant’s position on socio-economic matters in relation to its Pathway to 2030 projects. The applicant highlights its commitment to Community Wealth Building (CWB) but notes that many aspects of CWB fall beyond the scope of the planning system. CWB aims to retain and reinvest wealth within local communities, strengthen community connections, and promote sustainable development, fair economic opportunities, and long-term business resilience. The Page 85 of 142
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applicant’s approach reflects the Scottish Government’s CWB model, which underpins the National Strategy for Economic Transformation and seeks to create a fairer, more inclusive society.SSEN Transmission has adopted the following Five Pillars of CWB: 1. Inclusive Ownership - developing more local and social enterprises that generate community wealth. 2. Spending - maximising community benefits through procurement and commissioning, developing good enterprises, fair work and shorter supply chains. 3. Workforce - increasing fair work and developing local labour markets. 4. Land and property - growing the social, ecological, financial and economic value that local communities gain from land/property assets. 5. Finance - ensuring that flows of investment and financial institutions work for local people, communities and businesses. 207 In September 2024, SSEN Transmission launched a £10 million Community Benefit Fund to support projects that deliver positive impacts for local communities. The fund aims to promote economic development, community initiatives, and wellbeing projects, and is available to communities and third-sector organisations across the north of Scotland for CWB-related activities. A Regional Fund has been created to support strategic projects in the region focusing on the following themes: People: Focusing on skills, training and employability; Place: Emphasising the community and culture of the north of Scotland; and Alleviating fuel poverty: looking at strategic ways to help people across the region. 208 While community benefit is not a material planning consideration, it is recognised as an important area of interest. In March 2025, the UK Government outlined its approach to community funds for transmission infrastructure. The applicant has noted within their statement. based on this guidance, the estimated community funding associated with this development is £550,000, subject to the proposal being consented and constructed. 209 As Policy 11c provides no guidance on assessing or securing socio-economic benefits through enforceable conditions, the Planning Service offers no judgment on this aspect of the policy. Planning Balance 210 The requirement for strategic electricity transmission infrastructure is clearly identified in Annex B of the National Developments Statement of Need, specifically under Development Type 3: Strategic Renewable Electricity Generation and Transmission Infrastructure. While this application for the Haul Track does not constitute electricity transmission infrastructure in its own right, it is considered relevant because the Haul Track is essential enabling infrastructure required to facilitate the construction of the proposed Cambushinnie 400kV substation. Page 86 of 142
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211 This designation confirms the national importance of upgrading and expanding the electricity grid to accommodate renewable energy generation and meet net zero targets. In this context, the Haul Track plays a critical supporting role in delivering the substation, which is a nationally significant development under NPF4 212 Although there is strong strategic support for transmission infrastructure at the national level, this proposal for essential enabling infrastructure must still be assessed against the detailed policy framework set out in Part 2 of National Planning Framework 4 (NPF4). The principal policy in this regard is Policy 11: Energy, with additional consideration required under Policy 1: Tackling the Climate and Nature Crises, and Policy 2: Climate Mitigation and Adaptation. The planning balance must take into account both the beneficial and adverse significant effects associated with the development. 213 The purpose of the proposed development, as outlined above, stems from a recognised strategic need identified through the National Electricity System Operator’s Pathway to 2030 Holistic Network Design, the British Energy Security Strategy, and the Accelerated Strategic Transmission Investment Framework, endorsed by Ofgem. As noted above, whilst the Haul Track is not electricity transmission infrastructure in its own right, it constitutes essential enabling infrastructure required to deliver the Cambushinnie 400kV substation—a nationally significant development under NPF4. This enabling infrastructure is critical to upgrading the electricity transmission grid to accommodate a projected increase in renewable energy generation, enhance grid resilience, and improve connectivity across the wider network. Its contribution to Scotland’s net zero emissions targets is therefore a key consideration and carries significant weight in the overall planning balance. 214 When considering NPF4 Policy 11: Energy, the compliance, or otherwise must be assessed against the relevant criteria. Policy 11a, ii. gives explicit support to enabling works [to all forms of renewables], such as grid transmission and distribution infrastructure. While the policy does not list every possible enabling work, its intent is clear: works that are essential to deliver nationally significant energy infrastructure such as substations, fall within its scope. The proposed Haul Track is required to facilitate the construction of the Cambushinnie 400kV substation, therefore it is considered enabling infrastructure and benefits from the presumption in favour of development under Policy 11(a)(ii) 215 The Environmental Appraisal (EA) Report submitted in support of the application, and as summarised and assessed within this Committee Report, provides a detailed evaluation of the proposal against the specific criteria of Policy 11 of National Planning Framework 4 (NPF4). This includes consideration of socio-economic impacts (11c); effects on communities and individual dwellings, including residential amenity and visual impacts (11ei); significant landscape and visual impacts (11eii); impacts on road traffic and trunk roads, particularly during construction (11evi); effects on the historic environment (11evii); hydrology, water environment and flood risk (11eviii); biodiversity (11eix); impacts on trees, woodlands and forests (11ex); and cumulative impacts (11exiii). Page 87 of 142
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216 A key consideration within the planning balance is the extent of significant impacts on landscape character and visual receptors arising from the development. Policy 11e(ii) of NPF4 acknowledges that where such impacts are localised and/or appropriate design mitigation has been incorporated, significant landscape and visual effects may be deemed acceptable. 217 A key consideration within the planning balance is the extent of significant impacts arising from the development, including landscape character, impacts on trees and woods, visual receptors, flooding, and traffic during the construction phase. Policy 11e (i), (ii), (vi), (viii) and (x) of NPF4 acknowledges that where such impacts are localised and/or appropriate design mitigation has been incorporated, significant effects may be deemed acceptable. In this case, mitigation measures such as, but not limited to, strategic landscaping, culvert design and flood embankment reinforcement, and a Construction Traffic Management Plan are secured by condition to ensure these impacts are managed effectively and reduced to an acceptable level 218 The proposed development is expected to result in notable landscape and visual impacts during both the construction and temporary/operational phases. While many of these impacts are anticipated to persist into the operational phase, they are considered to be relatively localised. However, these residual effects can be appropriately addressed through embedded design mitigation and the application of planning conditions, which will help to manage and reduce the overall impact over time. 219 Although significant impacts have been identified—including effects on landscape character, visual receptors, trees and woodland, flooding, and traffic during the construction phase, the proposed mitigation measures will go a considerable way toward addressing them. Some residual impacts will remain, however, the key policy question is whether these impacts are acceptable in the context of NPF4 Policy 11e(i), (ii), (vi), (viii), and (x) and the wider policy environment. These provisions collectively recognise that localised impacts on amenity, transport, flood risk, and natural assets may occur and can still be acceptable where appropriate design and mitigation measures are applied. In this case, embedded mitigation and conditions ensure that impacts are managed effectively. When weighed against the wider benefits of enabling nationally significant infrastructure, these residual effects are not considered unacceptable. 220 In conclusion, while the assessment identifies several adverse significant residual effects arising from the development, these can be appropriately managed through embedded design mitigation and secured planning conditions, ensuring that the impacts are minimised and controlled throughout the construction and temporary/operational phases.Sufficient information has been provided to assess all policy criteria of NPF4 Policy 11 and the proposal complies, on balance, with all requirements. Page 88 of 142
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Planning Obligations and Legal Agreements 221 None required. Direction By Scottish Ministers 222 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. Conclusion and Reasons for Recommendation 223 Policy 11 of NPF4 provides clear support for enabling infrastructure associated with renewable energy developments. However, it is acknowledged that the proposed development is likely to result in significant environmental effects, particularly in relation to localised landscape and visual impacts. While the mitigation measures identified will help to reduce these effects, some residual impacts will remain. 224 NPF4 Policy 11e(i), (ii), (vi), (viii), and (x) collectively acknowledge that where impacts are localised and appropriate design mitigation is applied, such effects are generally considered acceptable. In this context, the proposal is deemed to comply with these provisions. When weighed against the wider benefits of the proposal— namely, the enhancement of the transmission network to support future renewable energy connections, improved grid resilience, and alignment with Scotland’s net zero emissions targets—the residual impacts are not considered to outweigh the overall positive contribution of the development. 225 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation General 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Page 89 of 142
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Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. Notwithstanding the approved plans, when the temporary bridge deck is removed following completion of the haul track, then if it is to be reinstated for emergency works or for the delivery of abnormal loads, then it shall be reinstated in the approved location. Prior to reinstatement, details of the proposed works, including timing, method of installation, and any necessary environmental safeguards, shall be submitted to and approved in writing by the Planning Authority. The agreed scheme shall then be implemented accordingly. The bridge deck shall be removed again once the emergency works are complete, and the site reinstated in accordance with the approved plans. Reason – To ensure that any reinstatement of the temporary bridge deck is controlled, environmentally safeguarded, and limited to essential emergency works only, thereby minimising long-term landscape and ecological impacts while maintaining operational flexibility for abnormal load deliveries. Roads and Access 3. The section of the Haul Track between Access Point 1 and Access Point 2, as shown on Drawing No. 31, shall be fully constructed prior to commencement of works on the section between Access Point 3 and Access Point 4. Reason - in the interest of road safety for users of the B8033 and to minimise construction traffic passing Braco Primary School and Braco Village Hall. 4. Prior to the utilisation of each access point for construction traffic in relation to the formation of the Haul Track, the bellmouth onto the public road network shall be formed for the first 10 metres, in accordance with the layout on Drawing No. 48 and 49 to the Pavement Standard specification detailed on Drawing no. 50. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 5. The crossroads on the B8033 between Access Point 2 and Access Point 3, as shown on Drawing No. 31, shall not be utilised unless traffic-controlled signals are installed and operational. Reason - in the interest of road safety for users of the B8033 and traffic utilising the Haul Track. 6. During the operational phase of the development hereby approved, the vehicle access points from the A822 and the B8033, identified as Access Points 1, 2, and 3 on Drawing No. 31, shall be gated and locked when not in use to prevent public access outside operational hours. Reason - in the interest of road safety. Page 90 of 142
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7. No construction traffic associated with the haul track shall use the B8033 between the access to Silverton Farm and the junction with the A822, in either direction, nor use the A822 on Front Street between Ardoch Bridge and a point 35 metres south of Commander’s Grove, in either direction, during the hours of 08:30 to 09:15 and 14:45 to 15:30. Reason - In the interests of pedestrian and traffic safety at school opening and closing times. 8. Prior to the commencement of works a maintenance agreement under Section 96 of the Roads (Scotland) Act 1984 shall be entered in to in respect of the construction traffic route, namely A822 and B8033, whereby the roads shall be inspected on a regular basis and repairs carried out to the timescale and standards specified by the Council as Roads Authority to the satisfaction of Perth & Kinross Council. Confirmation of this agreement being in place shall be provided to the Council, as Planning Authority, a minimum of four weeks prior to the commencement of development. The Section 96 agreement shall include baseline and end-of-Section 96 inspections, full CG300 technical approval of all assessments, and any strengthening or alterations required to ensure safe passage of all proposed loads over bridges, culverts, and embankments covered within the scope of CG300 along the proposed route. Certification must be completed prior to any load movements, in full accordance with PKC Structures Team requirements. Reason – in the interest of road safety. 9. Prior to commencement of deliveries to site, the proposed route for any abnormal loads on the trunk road and local road network(s) must be submitted to and approved by the Planning Authority, in consultation with Transport Scotland and the Roads Authority. Thereafter, the agreed route must be adhered to in full for the duration of the construction period. Reason – to ensure that the transportation of abnormal loads will not have any detrimental effect on the trunk road and local road network(s). 10. Prior to the commencement of the development hereby approved, full visibility splays for the A822 of 90 metres along the channel line shall be provided and maintained to the left and right of the access, at a set-back of 2.4 metres measured 1.05m above the road level to the standard and specification required by the Council as Planning Authority in consultation with the Roads Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. Page 91 of 142
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11. Prior to commencement of any development on site, a detailed design showing the mitigation measures for the B8033 shall be submitted to and approved in writing by the Planning Authority. The design must include the following schemes: (a) details of the temporary traffic management for the Bridge of Keir over Keir Burn to include details of the waiting location for vehicles with a minimum road width of 5.5 metres in advance of the traffic management in both directions to allow suitable road space for vehicles to pass. The road widening shall be a permanent road surface; (b) details of the temporary traffic management for the B8033 crossroads at Access Points 2 and 3 on Drawing No. 31 to include details of the waiting location for vehicles with a minimum road width of 5.5 metres in advance of the traffic management in both directions to allow suitable road space for vehicles to pass. The road widening shall be a permanent road surface; (c) details of the proposed pedestrian barrier at Braco Primary School and Braco Village Hall on B8033 Feddal Road, to include the barrier specifications, length of barrier to be installed, the resultant footway width available after barrier installation; and (d) a signalised puffin crossing on the B8033 Feddal Road to replace the current zebra crossing to link Braco Primary School with Braco Village Hall to provide a controlled crossing location for pupils, staff and visitors to cross to B8033. The location and specification of the signalised puffin crossing shall be agreed with the Planning Authority in consultation with the Roads Authority. The approved scheme shall be fully implemented prior to any use of the B8033 by any traffic associated with the haul track and planning application 25/00490/FLN. Reason - In the interests of road and pedestrian safety along the B8033 12. Prior to the movement of any abnormal load, any accommodation measures required, including the removal of street furniture, junction widening and traffic management, must be approved in writing by the Council as Planning Authority, in consultation with Transport Scotland. Thereafter, the agreed measures shall be undertaken prior to the movement of any abnormal load. Reason - to ensure that the transportation of abnormal loads will not have any detrimental effect on the trunk road network. 13. Prior to the movement of any components and/or construction materials, any additional signing or temporary traffic control measures deemed necessary due to the size or length of any loads being transported must be undertaken by a recognised QA traffic management consultant, to be approved by Transport Scotland. Reason - to ensure that the transportation of abnormal loads will not have any detrimental effect on the trunk road network. 14. The core paths which form part of the construction traffic route to the site must not be obstructed during building works or on completion. Any damage done to the Page 92 of 142
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core path and associated signage during building works shall be made good prior to the operational use of the Haul Track. Any temporary restrictions to public access required to facilitate works on site must be agreed in writing first with the Access Officer. Reason - In the interests of public access along the core path. 15. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures) and Transport Scotland, a Construction Traffic Management Plan (CTMP) which shall include the following: a. restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b. timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; c. a code of conduct for HGV drivers to allow for queuing traffic to pass; d. arrangements for liaison with the Roads Authority regarding winter maintenance; e. emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f. arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g. arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h. arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i. details of information signs to inform other road users of construction traffic; j. arrangements to ensure that access for emergency service vehicles are not impeded; k. co-ordination with other significant developments known to use roads affected by construction traffic; l. traffic arrangements in the immediate vicinity of temporary construction compounds; m. monitoring, reporting and implementation arrangements; n. arrangements for dealing with non-compliance; and o. details of HGV movements to and from the site. p. identify measures to control the use of any construction vehicles onto the trunk road. The CTMP as approved shall be strictly adhered to during the entire site construction programme. Reason – To mitigate the adverse impact of construction traffic on the safe and efficient operation of the trunk road and local road network(s). Page 93 of 142
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Residential Amenity 16. Prior to the commencement of the development, temporary noise barriers shall be put in place in line with the recommendations in Environmental Appraisal document dated June 2025, Figure 11.2 and Appendix A :- Barrier A – 2m high barrier approximately 70m in length situated to the south of construction works between the junction with the existing track to the Braco Substation and the junction with the existing track to Whistlebrae, Barrier B- 2m high approximately 65m length south of construction works and to the east of junction with existing track to Whistlebrae, Barrier C-3m high approximately 80m length situated along the field boundary immediately adjacent to B8033, Barrie D- 3m high 65m length situated to the south of the construction works and to the east of junction with B8033. The Barriers should be a minimum surface mass of 7kg/m2, no gaps at joints and line of site to NSRs is blocked where possible. Reason - In order to safeguard the residential amenity of the area. 17. In the event, that justified complaints for noise are received by the Council, the applicant at their own expense, shall employ an independent and suitably qualified consultant to carry out a Noise Assessment from the development. The appointed consultant and methodology for the Noise Assessment shall be submitted to and approved in writing by the Planning Authority in consultation with Environmental Health within 28 days of being notified of the complaint. Within 28 days of approval of appointed consultant and methodology, a Noise Assessment shall be submitted outlining mitigation and recommended timescales for delivery. Thereafter, all mitigation measures shall be implemented within the timescales recommended. Reason - In order to safeguard the residential amenity of the area. 18. There shall be no idling of vehicles within the compound area at any time. Reason - In order to safeguard residential amenity and minimise unnecessary emissions during construction. 19. No construction work, including deliveries to and from the site, shall take place outside the hours of 07:00 and 19:00 Monday to Friday and 07:00 and 13:00 on a Saturday and at no time on a Sunday. This includes deliveries and operation of on- site vehicles and equipment. Out of Hours working requests can be made to the Planning Authority for written agreement, giving at least two weeks’ notice. Details of the activities to take place must be included within the request. Reason - In order to safeguard the residential amenity of the area. 20. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the residential amenity of the area. Page 94 of 142
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Private Water Supplies 21. Prior to commencement of development within the Private Water Supply (PWS) buffer zone (100m – 250m dependent on construction depths) detailed plans of the finalised development and all associated infrastructure shall be overlain with the relevant buffer zones for the PWS sources to properties within 250m. If any PWS is found to have a groundwater source and the source lies within the buffers, which is set out in ‘SEPA Guidance on Assessing Impacts of Developments on Groundwater Abstractions’, dated August 2024, then a detailed PWS risk assessment and monitoring / mitigation plan must be submitted to the Council as Planning Authority for written agreement before proceeding, in consultation with the Council’s Environmental Health Team and SEPA. For the avoidance of doubt, any PWS that serves a property that will continue to require a PWS through the construction and post-construction periods, shall be included in the risk assessment in line with ‘SEPA Guidance on Assessing Impacts of Developments on Groundwater Abstractions’. Any required PWS risk assessment and monitoring / mitigation plan shall set out: a. details of the methodology for water quality and quantity sampling (including abstraction points) for a period of 12 months prior to commencement of development within the relevant PWS buffer zone(s); b. details of the methodology and a programme for undertaking water quality and quantity sampling during the construction period within the relevant PWS buffer zone(s) (including abstraction points); and c. details of the methodology for water quality and quantity sampling for a period of 12 months post construction (including abstraction points) within the relevant PWS buffer zone(s). The approved plan shall thereafter be implemented in full upon commencement of development within the relevant PWS buffer zone(s). Monitoring results should be reported to the Planning Authority and the owner/operator of the existing abstractions in accordance with the above timescales. Contingency plans should include timescales for notification of relevant stakeholders if adverse impacts are identified and for subsequent design and implementation of remedial actions. Reason - In the interests of protecting the Residential Amenity of existing properties, the health of residents and continued access to safe and sufficient water supplies. Alternative Private Water Supply Source 22. There shall be no commencement of development within the Private Water Supply (PWS) buffer zone (100m – 250m, dependant on construction depths) until documentary evidence has been provided to and agreed by the Council as Planning Authority, which demonstrates that suitable replacement water supplies of sufficient quantity and quality can be made operational, should any detailed PWS risk assessment identify this as the most suitable mitigation measure. In each case, the replacement supply shall either be from the public mains or derived from a Page 95 of 142
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suitable source shown to be at low or negligible risk of contamination or disruption and which does not prejudice the quantity or quality of water delivered by other existing private water supplies. Information detailing the suitability of the source; risk of contamination and disruption; impact upon existing supplies; and details of how the supplies will be managed and maintained, must be submitted to and agreed with the relevant Planning Authority in advance of any other works being carried out in association with this permission. Reason - In order to provide alternative water source in the event of long term negative impact on PWS. Flooding and Drainage 23. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council’s Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. 24. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable a Sustainable Urban Drainage System to meet the requirements of best management practices. Reason - To ensure the provision of effective drainage for the site. 25. No development shall commence until the compensatory storage as approved in the Technical Memorandum (Document number 122) has been provided in full and is operational. Reason - To ensure that there is no reduction in floodplain capacity during the construction phase and prevent increased flood risk elsewhere, as is required by Policy 22a of National Planning Framework 4. 26. Prior to the commencement of development, a Construction Phase Plan shall be submitted to and approved in writing by the Council as Planning Authority. The plan must specifically address the location of any construction compounds and storage areas, ensuring that such facilities are neutral and that welfare facilities are sited outwith the functional floodplain. All measures outlined within the approved Construction Phase Plan must be implemented and adhered to throughout the construction phase. Reason - To ensure that construction activities do not adversely affect floodplain functionality and to safeguard the welfare of site personnel. Page 96 of 142
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Biodiversity 27. The conclusions and recommended action points within the supporting Environmental Appraisal submitted and hereby approved (document 96 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason - In the interests of protecting environmental quality and of biodiversity. 28. An updated Environmental Appraisal, including an updated ecology survey, will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the Environmental Appraisal approved as part of this permission. The updated Environmental Appraisal shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of protecting environmental quality and of biodiversity. 29. An updated bat survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the bat survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of protecting environmental quality and of biodiversity. 30. Prior to the commencement of the development hereby approved, an Invasive Non- Native Species Control Plan shall be provided for the written approval of the Council as Planning Authority. The plan shall contain measures to eradicate and control invasive non-native species. Thereafter, the agreed scheme shall be implemented in full accordance during the construction phase. Reason - In the interests of protecting environmental quality and of biodiversity. 31. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason - In order to prevent animals from being trapped within any open excavations. 32. A minimum of two months prior to the commencement of development, a site- specific Construction Environmental Management Plan (CEMP) which shall include a Construction Method Statement (CMS) shall be submitted to and approved by the Council as Planning Authority in consultation with key stakeholders as deemed Page 97 of 142
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appropriate. The CEMP must also include a Pollution Prevention Plan (PPP), Site Waste Management Plan (SWMP), Site Access Management Plan (SAMP), Construction Exclusion Zone (CEZ) and General Environmental Management Plan (GEMP). The CEMP will remain a live document, any working practices deemed to be having an adverse impact on ecology or the environment will be the subject of revision. All revisions must be submitted to the Planning Authority as soon as reasonably practicable. Thereafter the development shall be fully undertaken in accordance with the agreed CEMP. Reason - In the interest of protecting environmental quality and of biodiversity. To minimise any associated adverse landscape and visual impact of the above ground elements and protect the character and visual amenity of the immediate and surrounding countryside and associated nature and cultural heritage conservation interests. 33. Prior to the commencement of the development hereby approved, pre-construction surveys shall be undertaken for protected species including raptors. Details of the surveys should be used to inform Species Protection Plans that shall be submitted for the further written agreement of the Council as Planning Authority. Thereafter, any identified measures shall be implemented prior to the commencement of development. Reason - In the interests of protecting environmental quality and of biodiversity. 34. Prior to the commencement of the development hereby approved, an independent and suitably qualified Ecological Clerk of Works (ECoW) shall be appointed at the developers' expense. Details of this appointment shall be subject to the prior written agreement of the Council as Planning Authority. The appointed person will remain in post for the duration of the proposed development. The ECoW shall have responsibility for the following: (a) Overseeing the implementation of the Construction Environmental Management Plan (CEMP) and habitat restoration approved by this permission. (b) Authority to stop operations or to alter construction methods should there be any works occurring which are having an adverse impact on the natural heritage. (c) Prior to the commencement of development, they shall provide an environmental / ecological toolbox talk for construction staff. (d) They will have authority to amend working practices in the interests of natural heritage. Any amendments shall be submitted to the Council as Planning Authority as an addendum to the approved CEMP. (e) They shall make weekly visits to the development site at a time of their choosing. No notification of this visit is required to be given to the developer or contractor. (f) Within 10 working days of the end of each calendar month, they are required to submit a detailed monthly report for the review of the Planning Authority in consultation with Scottish Environment Protection Agency (SEPA) for the duration of development. Page 98 of 142
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(g) They shall notify the Council as Planning Authority in writing of any requirement to halt development in relation to this condition as soon as reasonably practicable. The above shall be implemented throughout the construction, (including re- instatement and de-commissioning of the construction compounds) hereby approved unless otherwise agreed in writing with the Council as Planning Authority. The CEMP shall contain a site-specific Construction Method Statement (CMS) which will provide concise details for the implementation of the CEMP for site operatives. Reason - To avoid habitat damage and safeguard natural heritage interests. Trees and Landscape 35. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 36. No works in connection with the development hereby approved shall commence unless a scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority. Details of the scheme shall include: a) Existing and proposed finished levels. b) The location of new trees, shrubs, hedges, grassed areas and water features. c) A schedule of planting to comprise species, plant sizes and proposed numbers and density. d) The location, design and materials of all hard landscaping works including fences, gates. e) A programme for the implementation, completion and subsequent management of both the proposed landscaping and any trees and vegetation to be retained. The Landscaping Scheme must include timescales for the implementation of the works. All soft and hard landscaping proposals shall be carried out in accordance with the approved planting scheme and management programme. Any planting which, within a period of 5 years from the completion of the development is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted. Once provided, all landscaping works shall thereafter be permanently retained. Page 99 of 142
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Reason - To ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area. 37. Prior to the commencement of development, an offsite landscaping scheme shall be provided and agreed in writing by the Council as Planning Authority. The scheme shall include the principles of offsite landscape mitigation and outline the approach to be adopted to seek opportunities for offsite mitigation of effects on visual amenity from residential, recreational and transport receptors where significant effects are predicted. The agreed principles shall include: The nature of planting opportunity based on land availability. The phasing and indicative timing of planting, including any seasonal or operational constraints. Details of the maintenance of the planting. The full offsite landscaping scheme shall thereafter be developed in accordance with the agreed outline scheme and principles and shall be further agreed in writing and fully implemented thereafter. The full offsite landscape scheme shall be completed prior to the Haul Track being brought into operational use for construction traffic, unless otherwise agreed in writing with the Planning Authority. For the purposes of this condition, “operational use” shall mean the point at which the Haul Track is complete and available for use by vehicles associated with the Cambushinnie substation works. Reason - To ensure that significant visual effects of the development are mitigated as far as reasonably practicable through a timely and deliverable scheme of landscape mitigation, in the interests of protecting landscape and visual amenity. 38. No works in connection with the permission hereby approved shall commence unless a scheme of compensatory tree planting has been submitted to and approved in writing by the Planning Authority. Details of the scheme shall include: a) The location of the compensatory tree planting, both on-site and off-site, should be fully detailed, described and supported with location and site plans to a scale deemed to be acceptable by the Planning Authority. b) A rationale must be provided for both the proposed felling and compensatory planting. This must include an assessment of the impact and proposed mitigation. c) A full silvicultural proposal for compensatory planting, supported with location and site plans; This must include: ground preparation, drainage, planting technique, stocking density, species, maintenance and a protection plan. Page 100 of 142
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d) A programme for the implementation, completion and subsequent management of the proposed compensatory tree planting. The compensatory planting must be completed within five years of the removal of the existing woodland or within two years of the development being completed (whichever is sooner). e) For any proposed offsite compensatory planting, a sequential approach to site selection must be utilised. This must first consider opportunities for offsite planting immediately adjacent to the development site, only then elsewhere within the Perth and Kinross Council Area. The compensatory tree planting shall be carried out in complete accordance with the approved scheme and any planting which, within a period of 5 years from the completion of the compensatory tree planting is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted. The person(s) that survey, describe, assess, specify and deliver both the felling proposals and on-site and off-site Compensatory Planting proposals must be appropriately qualified. Reason - In order to maintain woodland cover in accordance with the aims of local and national planning policies. 39. An independent, qualified and technically competent professional(s) with the required experience shall inspect the compensatory planting scheme at regular intervals (year 1, 5 and 10) to ensure that the trees are planted correctly, maintained to the required standard and ultimately established into woodland. The woodland will have to be maintained thereafter. This professional individual must report to the Planning Authority, to allow the compensatory planting condition to be managed and ultimately discharged. Reason - In order to maintain woodland cover in accordance with the aims of local and national planning policies. Health and Safety 40. National Gas Transmission operates a high-pressure gas pipeline – FM10 Machanay to Braco – in the vicinity of the proposed development. The pipeline has a 24.4m wide easement in operation (12.2m either side of the pipeline). No development, construction or landscaping is permitted within the easement without formal written approval from National Gas Transmission. Reason: In order to protect the integrity of the pipeline. Archaeology 41. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of archaeological investigation which has been submitted by the applicant and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust. Thereafter, the developer shall Page 101 of 142
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ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. In addition, the developer shall afford access at all reasonable times to Perth and Kinross Heritage Trust or a nominated representative and shall allow them to observe work in progress. Reason - To ensure archaeological monitoring is carried out to safeguard and record any archaeological remains within the development area. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None. Informatives 1. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material. 4. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware Page 102 of 142
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that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 5. An application for Building Warrant may be required. 6. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 7. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot to disturb a protected species. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non-compliance. 8. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 9. The applicant should take note of the information and advice contained within the consultation response from Historic Environment Scotland. 10. The applicant should take note of the information and advice contained within the consultation response from National Gas Transmission. 11. The applicant is informed that the granting of planning consent does not carry with it the right to carry out works within the trunk road boundary and that permission must be granted by Transport Scotland Roads Directorate. Where any works are required on the trunk road, contact details are provided on Transport Scotland's response to the Planning Authority which is available on the Council's planning portal. 12. Trunk Road modification works shall, in all respects, comply with the Design Manual for Roads and Bridges and the Specification for Highway Works published by HMSO. The developer shall issue a certificate to that effect, signed by the design organisation. 13. Trunk Road modifications shall, in all respects, be designed and constructed to arrangements that comply with the Disability Discrimination Act: Good Practice Page 103 of 142
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Guide for Roads published by Transport Scotland. The developer shall provide written confirmation of this, signed by the design organisation. 14. The applicant is advised to refer to Perth & Kinross Council’s Supplementary guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. 15. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act 1984, he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. 16. PKC Abnormal Loads Procedure is available at Abnormal loads procedure - Perth & Kinross Council. Background Papers Letters of representation 49 Authors Name Designation Contact Details Gillian Peebles Planning Officer 01738 475330 GMPeebles@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 20th February 2026 Page 104 of 142
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Ü Formation of a track comprising a running surface of approximately 1.2 kilometres in length, bridge, access, laydown/work compound area(s), drainage, landscaping and other ancillary works on land 360 metres North of Glassick Farm, Braco, Dunblane 25/00984/FLM Scale 1:30,000 Planning and Placemaking Committee - 11 March 2026 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(i) Page 105 of 142
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Ü Formation of a track comprising a running surface of approximately 1.2 kilometres in length, bridge, access, laydown/work compound area(s), drainage, landscaping and other ancillary works on land 360 metres North of Glassick Farm, Braco, Dunblane 25/00984/FLM Scale 1:15,000 Planning and Placemaking Committee - 11 March 2026 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(i) Page 107 of 142
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Perth and Kinross Council Planning and Placemaking Committee - 11 March 2026 Report of Handling by Development Management and Building Standards Service Manager (Report No. 26/64) Proposal: Section 42 to modify condition 8 (finished floor levels) of permission 22/01827/AMM Location: Morris Leslie, Errol Airfield, Grange, Errol, Perth, PH2 7TB Ref. No: 25/01441/42M Ward No: P1 - Carse of Gowrie Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1 This application seeks a further Approval of Matters Specified in Conditions (AMSC), subject to the same proposal approved in 16/00999/AMM for 240 dwellings, a local centre, sports pitch and play area. The applicant seeks to formally amend Condition 8 (finished floor levels) of consent 22/01827/AMM, which is the most recent Section 42 (S42) approval. Any proposed alteration to the finished floor levels must be assessed against the wording and requirements of the current S42 permission, as this supersedes all previous permissions or conditions relating to this element of the development. The approved wording of the condition is below: 2 The Finished Floor Level of all properties shall be a minimum of 11.2 metres Above Ordnance Datum (AOD) and no property shall be occupied unless this is achieved. 3 Reason: To reduce the risk of flooding. 4 The site is located within the settlement boundary of Grange/Errol Airfield in the Perth and Kinross Local Development Plan 2 2019 (LDP2) and is recorded as having planning permission for housing. The predominantly flat site extends to approximately 58.3 hectares, 0.75km north east of Errol village. It forms part of the disused Errol Airfield facility which provides buildings for small businesses and there are some residential properties to the north of the site. 5(1)(ii) Page 109 of 142
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5 The site is bound to the north by the C484 Errol to Grange road, to the east by the remaining airfield area and to the west by a burn and farmland. The south of the site is contained by reed beds and the River Tay, which is a designated Special Protection Area (SPA), which is a further 300 metres away. Access to the site will be via a new main access road to the west that was approved under 16/01491/FLL in July 2017. 6 Development of the road has commenced and provided access to a temporary medical centre that was approved under 18/00628/FLL. 7 Planning Permission in Principle (PPP) was approved in October 2010 (05/02418/IPM) and extended in January 2014 (13/01823/FLM). Detailed permission was granted in July 2017 for 240 dwellings, a local centre, sports pitch and play area within the northern half of the PPP site (16/00999/AMM). Development of this site has commenced with the establishment of the approved acoustic bund along the northern boundary of the site. Site History 8 05/02418/IPM Development of sustainable village. Approved against recommendation by Development Control Committee November 2008 with decision issued after the signing of a Legal Agreement October 2010. 9 13/01823/FLM Variation of condition no 1 of planning consent 05/02418/IPM to extend the time limit for a further 3 years. Approved by Development Management Committee January 2014. 10 16/00999/AMM Mixed use development comprising the erection of 240 dwellinghouses/garages, erection of commercial elements, provision of open space/play provision, associated infrastructure and other associated works (approval of matters specified in conditions 13/01823/FLM). Approved by Planning & Development Management Committee July 2017. 11 16/01491/FLL Formation of access, landscaping and associated works in association with 16/00999/AMM. Approved by Planning & Development Management Committee July 2017. 12 20/00169/AMM Section 42 application to modify condition 15 (contamination) of permission 16/00999/AMM. Approved by Planning and Development Management Committee on 29 July 2020. 13 22/01827/AMM Section 42 application to modify condition 10 (noise mitigation) of permission 20/00169/AMM. Approved by Planning and Development Management Committee on 22 February 2023. Page 110 of 142
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Environmental Impact Assessment 14 An EIA Report was not required to be submitted with the proposal as the nature and type of proposal falls below the EIA thresholds Pre-Application Consultation 15 The Pre-Application Consultation (PAC) requirements have been fulfilled in association with the submission of planning application 16/00999/AMM and there is no further PAC needed procedurally in relation to this Section 42 application. Development Plan 16 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 17 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 18 The Council’s assessment of this application has considered the following policies of NPF4: Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 19 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 20 The principal relevant policies are, in summary; Policy 52: New Development and Flooding Statutory Supplementary Guidance Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Page 111 of 142
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National Guidance 21 The Scottish Government expresses its planning policies through Planning Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Those relevant are listed below. Creating Places 2013 22 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 23 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 24 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Local Place Plans 25 Local Place Plans are community-led plans setting out proposals for the development and use of land and set out a community’s aspirations for its future development. The application site lies within ‘Errol’ Local Place Plan. The LPP raises no issues in respect of the consideration of this application. Consultations 26 As part of the planning application process the following bodies were consulted: External 27 Scottish Environment Protection Agency - no objection, however, advise that an updated Flood Risk Assessment should be submitted to include detailed designs of the proposed access road over the Pow of Errol when finalised to ensure that this does not increase the risk of flooding to the development or to existing receptors. Internal 28 Structures and Flooding - no objections following the submission of proposed site/floor levels. Agree with SEPAs comments in regards to the requirement for an updated Flood Risk Assessment be submitted which can be controlled by condition. Page 112 of 142
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Representations 29 No representations were received. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed AA not required Design Statement or Design and Access Statement not required Report on Impact or Potential Impact eg Flood Risk Assessment Flood Risk Assessment Appraisal 30 Section 42(1) of the Town & Country Planning (Scotland) Act 1997 (as amended) relates to applications for planning permission for the development of land without complying with conditions subject to which a previous permission was granted. 31 Section 42(2) requires that the Planning Authority shall consider only the question of the condition(s) subject to which planning permission should be granted, and: (a) If they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it would be granted unconditionally, they shall grant planning permission accordingly; (b) If they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application. 32 The determining issues in this case are whether the proposal complies with Development Plan policy or if there are any other material considerations which justify a departure from that policy. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 33 The principle of the development subject of the application has been previously established through the approval of the extant planning permission (16/00999/AMM). The principle of the development is therefore well-established and Page 113 of 142
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is not reviewed as part of this S42 application. It is noted that since the original planning permission approval there has been a change to the Development Plan through TAYplan 2016 and the adoption of LDP2 in 2019 and NPF4. The changes within the Development Plan are, however, not significant in relation to the proposed changes to this S42 application. The amendment of Condition 8 is not in itself considered to be contrary to the general terms of the Development Plan, however, consideration must be given to the specific characteristics of the amendment and whether any adverse impacts are calculated. 34 The applicant proposes to amend condition 8 (finished floor levels) which states that the finished floor level of all properties shall be a minimum of 11.2 metres Above Ordnance Datum (AOD) and no property shall be occupied unless this is achieved. The applicant has submitted an updated Flood Risk Assessment which demonstrates that the minimum FFL of 11.2m AOD as specified in condition 8 is higher than necessary and can be reduced without materially altering the flood risk to the development. As such the applicant now wishes to modify this condition to read as follows: 35 “A minimum Finished Floor Level of 10.06 metres Above Ordnance Datum (AOD) and no property shall be occupied unless this is achieved”. 36 Reason: To reduce the risk of flooding”. Flooding 37 NPF4 Policy 22, along with LDP2 Policy 52 require that all forms of flood risk are fully understood, appropriately addressed, and that developments are designed to be flood resilient without increasing flood risk to surrounding areas. 38 As noted above, the proposal is to reduce the minimum finished flood levels (FFLs) required by condition 8 from 11.2m AOD to 10.06m AOD and a lowest garden ground level of 9.76m AOD for all properties. 39 The applicant has submitted an updated Flood Risk Assessment (FRA) undertaken by Gondolin Land and Water Ltd, version 1, dated 26/06/2025. SEPA and the Council’s Flood Team have reviewed the FRA and it has been found to be based on appropriate methods and the representation of flood risk for the site appears to be in line with all other evidence currently available. 40 SEPA have commented that a maximum flood level of 9.46m AOD has been determined from the hydraulic modelling undertaken in the FRA for the worst-case blockage scenario (100%) at the downstream bridge. The FRA noted that this scenario is unlikely to occur due to limited sources of debris which could cause severe blockage and because the upstream bridge is likely to intercept any debris in the first instance. The proposed FFL is set 0.6m above the maximum flood level and therefore achieves sufficient freeboard to allow for uncertainties in the modelling and building settlement and as such have no objection. Page 114 of 142
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41 SEPA further comment that the FRA notes in section 4.10 that, “details of the proposed new bridge crossing were not provided and hence assumptions had to be made regarding the design of this structure”. Although this consultation was only to provide advice on varying the FFL specified in condition 8, we would recommend the FRA is updated to include detailed designs of the proposed access road over the Pow of Errol when finalised to ensure that this does not increase the risk of flooding to the development or to existing receptors. This can be controlled by condition. 42 In conclusion, this application proposes to amend Condition 8 of an established planning permission by lowering the minimum finished floor level for the properties, based on an updated Flood Risk Assessment which shows this change will not increase flood risk. The proposal has been reviewed by SEPA and the Council’s Flood Team, who have raised no objections. The modification is fully compliant with NPF4 Policy 22 and LDP2 Policy 52, which require flood risks to be understood and appropriately addressed. Furthermore, reducing the minimum floor level will also decrease the amount of land raising required and significantly reduce the volume of imported material needed to achieve changes in ground level. All other aspects of the development including design, landscape, roads, natural heritage, and developer contributions remain unaffected by this revision. Design, Layout and Visual Amenity 43 The proposed modification to Condition 8 will have no impact on the approved and under construction layout, design or visual amenity. Landscape 44 The proposed modification to Condition 8 will have no impact on the local landscape. Roads and Access 45 The proposed modification of Condition 8 does not have any direct or significant impact on the road network. Natural Heritage and Biodiversity 46 The proposed modification to Condition 8 will have no impact on the biodiversity of the area. Developer Contributions 47 No contributions are required by this S42 application. Economic Impact 48 The proposed modification will not have an impact on the local economy. Page 115 of 142
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Other Matters 49 The 16/00999/AMM permission had a number of pre-commencement planning conditions or elements of conditions that are no longer relevant as they have since been approved in advance of construction commencing in 2019. It is good practice, when approving a S42 application, to update the conditions to meet current regulations and requirements. Similarly, any conditions that still require to be addressed or adhered to should remain and reference should be made to detail or specification approved as part of the condition approval process for the existing AMSC. Several conditions, as outlined in the recommendation section below, have been amended to align with current practice, and the incorporation of previous Section 42 approvals ensures that all relevant modifications are included and recognised as part of this approval. Pre-Commencement Conditions and Notice of Initiation 50 Prior to the commencement of development associated with this planning application, all pre-commencement conditions must be agreed in writing with the Planning Authority. In addition, a Notice of Initiation must be submitted, advising of the intended start date for the approved development. This is to ensure that all necessary requirements are in place before works commence and to provide clear communication regarding the commencement of development. 51 For the purposes of Section 27 of the Town and Country Planning (Scotland) Act 1997, as amended, development is deemed to have lawfully commenced only when any material operation forming part of the approved proposal is carried out. As such, commencement can only be established where the works undertaken clearly fall within the statutory definition of material operations and are consistent with the approved development plans and conditions. Legal Agreements 52 None required. A Section 75 Legal Agreement is already in place for affordable housing provision, education contributions, transport infrastructure contributions, open space, play area, sports pitch provision and maintenance. It is future-proofed for S42 applications so will not require modification in light of this proposal. Direction By Scottish Ministers 53 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. Conclusion and Reasons for Recommendation 54 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Page 116 of 142
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Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. The development must be begun not later than the expiration of three years beginning with the date on which this approval of matters specified in condition is granted. If development has not begun at the expiration of this period, the approval of matters specified in condition lapses. Reason - In order to ensure the development to which this approval of matters specified in conditions relates is commenced timeously and in accordance with section 41(1)(c) of the Town and Country Planning (Scotland) Act 1997. 2. Prior to the occupation of any residential plot, all matters regarding access, car parking, road layout, design and specification, including the disposal of surface water, shall be in accordance with the standards required by the Council as Roads Authority. Reason: In the interest of vehicle and pedestrian safety and in accordance with the policies of the adopted Development Plan. 3. The detailed landscaping and planting scheme, including the sports pitch as approved (Drawing References: 20/00169/55; 20/00169/56; 20/00169/57; 20/00169/58) under planning reference 20/00169/AMM, shall be implemented fully within one calendar year of the commencement of development and thereafter maintained for the lifetime of the development. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar sizes and species. Reason: In the interests of visual amenity: to ensure a satisfactory standard of local environmental quality and in pursuance of suitably satisfying placemaking policy criteria of the Development Plan. 4. The approved children's play area(s) as approved under planning reference 20/00169/AMM (Drawing Reference: 20/00169/62) shall be laid out and equipped in accordance with the Planning Authority's current criteria for play area provision within six months of the commencement of development of the site. The play area and its facilities/equipment shall thereafter be maintained for the lifetime of the development. Reason: In the interests of residential amenity and to ensure the satisfactory provision and implementation of a children's play area. Page 117 of 142
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5. The approved delivery and phasing plan as approved under planning reference 20/00169/AMM (Drawing References: 20/00169/39 and 20/00169/66) shall be fully implemented in accordance with the agreed delivery plan and landscaping carried out concurrent with development. For the avoidance of doubt the location of the commercial area as shown on the masterplan is in general acceptable but is not fully approved by this permission as they are still indicative at this stage. Further detailed application(s) will be required for the exact scale and design of the structures. Reason: In order to ensure the satisfactory implementation and completion of the development. 6. The approved sustainable urban drainage system (SUDS) under planning reference 20/00169/AMM (drawing number 20/00169/74) shall be carried out in accordance with the approved scheme and be operational prior to the bringing into use of the development. Reason: In the interests of best practise surface water management: to avoid undue risk to public safety and flood risk. 7. Within 6 months of the date of this consent, an updated Flood Risk Assessment shall be submitted to and agreed in writing by the Planning Authority. The Flood Risk Assessment shall include detailed designs of the proposed access road over the Pow of Errol. Additionally, details shall include garden levels, finished floor levels and soffit levels of all structures Above Ordnance Datum (AOD). The details as agreed shall thereafter be implemented concurrent with development. Reason: To ensure that the proposed development does not increase the risk of flooding to the development or to existing receptors. 8. The Finished Floor Level of all properties shall be a minimum of 10.6 metres Above Ordnance Datum (AOD) and no property shall be occupied unless this is achieved. Reason: To reduce the risk of flooding. 9. All existing trees and hedging within the site and on the boundaries shall be retained. The development shall fully comply with, respect and remain in full accordance with BS5837 2012: 'Trees in relation to construction, demolition and construction. Recommendations'. Reason: To ensure a satisfactory standard of local environmental quality. 10. A 3-metre-high landscape bund at the northern boundary as shown in Drawing Reference 20/00159/59 shall be put in place prior to occupation of any dwellinghouse in Housing Area H1 of the development. Thereafter, the bund shall be retained in a reasonable condition for the life of the development. Reason: To ensure a satisfactory standard of local environmental quality. Page 118 of 142
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11. Prior to any further works being undertaken, a detailed specification of the proposed landscape bund shall be submitted for the further approval of the Planning Authority. The detail as subsequently approved shall be carried out and completed prior to occupation of the first dwelling and thereafter maintained. Reason: In the interests of residential amenity. 9 All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason: To ensure a satisfactory standard of local environmental quality. 13. Servicing of and deliveries to any commercial premises shall be carried out between 0700 and 1900 Monday to Sunday and at no other time to the satisfaction of the Council as Planning Authority. Reason: To ensure a satisfactory standard of local environmental quality. 14. The Construction Traffic Management Scheme (CTMS) as approved under planning reference 20/00169/AMM (Plan ref: 20/00169/63) shall be fully implemented and adhered to during construction. Restrictions of construction traffic to approved routes and the measures shall be put in place to avoid other routes being used. Heavy construction traffic should avoid the use of Murie, Inchcoonans, Errol, Grange and Inchture Level Crossings. Reason: In the interest of road safety. 15. The level and location of recycling facilities as agreed under planning reference 20/00169/AMM (Plan ref: 20/00169/65) shall be implemented in full prior to the occupation of the first dwelling. Reason: In the interests of the sustainable disposal of waste. 16. Prior to any further works being undertaken on site in relation to Phases 1 to 5, as approved by Application for Matters Specified Permission ref: 16/00999/AMM, an evaluation for the potential of the site to be affected by contamination by a previous use should be undertaken. An intrusive investigation should be undertaken to identify; i. the nature, extent and type(s) of contamination on the site; ii. measures to treat/remove contamination to ensure the site is fit for the use proposed; iii. measures to deal with contamination during construction works; iv. condition of the site on completion of decontamination measures. Page 119 of 142
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Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. For the avoidance of doubt, no further development will be permitted within the red line area approved for development under Planning Permission in Principle ref: 05/02418/IPM, as amended by Planning Permission in Principle ref: 13/01823/IPM, without a separate intrusive investigation being undertaken in compliance with the requirements of this condition. Reason: To prevent harm to human health and pollution of the environment in accordance with the aims and objectives of the Development Plan. 17. No removal of hedgerows, trees or shrubs or works to or demolition of buildings or structures that may be used by breeding birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the Planning Authority for approval. Reason: In the interests of protecting environmental quality and of biodiversity. 18. No works which include the creation of trenches, culverts or the presence of pipes will commence until measures to protect animals from becoming trapped in open excavations and/or pipes and culverts are submitted to and approved in writing by the Planning Authority. The measures could include, but are not restricted to, creation of sloping escape ramps from trenches and excavations and securely sealing open pipework at the end of each working day. Reason: In the interests of protecting environmental quality and of biodiversity. 19. If the development hereby approved having commenced in 2019 is suspended for more than 12 months within 2 years from the date of the planning decision notice, the approved ecological measures secured through the applicants Biodiversity Study of April 2016 (Plan ref: 20/00169/70) shall be reviewed and, where necessary, amended and updated. The review shall be informed by further ecological surveys commissioned to; i) establish if there have been any changes in the presence and/or abundance of protected species and ii) identify any likely new ecological impacts that might arise from any changes. Where the survey results indicate that changes have occurred that will result in ecological impacts not previously addressed in the approved scheme, the original approved ecological measures will be revised and new or amended measures, and Page 120 of 142
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a timetable for their implementation, will be submitted to and approved in writing by the Council as Planning Authority prior to the commencement of development. Works will then be carried out in accordance with the proposed new approved ecological measures and timetable. Reason: In the interests of protecting environmental quality and of biodiversity. 20. Where the approved development is to proceed in a series of phases, further supplementary ecological surveys for protected species shall be undertaken to inform the preparation and implementation of corresponding phases of ecological measures required through the applicants Biodiversity Study of April 2016 (Drawing Reference: 20/00169/70). The supplementary surveys shall be of an appropriate type for the above habitats and/or species and survey methods shall follow national good practice guidelines. Reason: In the interests of protecting environmental quality and of biodiversity. 21. Prior to the occupation and use of the approved development the applicant shall, at their own expense, promote a Traffic Regulation Order (TRO) from the site entrance to the existing 30mph zone to the West of the site, on the Station Road approach to Errol. Reason: In the interest of promoting sustainable travel. 22. No part of the development shall be occupied until a Residential Travel Plan (RTP), aimed to encourage more sustainable means of travel, has been submitted and approved in writing by the Council as Planning Authority in consultation with the Roads Authority. The RTP will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided, the system of management, monitoring, review, reporting and the duration of the plan. Reason: In the interest of promoting sustainable travel. 23. The external lighting plan as approved under planning reference 20/00169/AMM (Drawing References: 20/00169/67; 20/00169/68; 20/00169/69) shall be fully implemented and adhered to during both the construction and operational phases to minimise any light pollution. Reason: To minimise any light pollution. 24. Prior to the commencement of the development on site, the developer shall ensure that a restriction is to be placed within the title deeds to all residential property confirming the provision of a voluntary agreement to the restriction on access between April - August in sensitive areas adjacent to the reedbeds. Evidence of this restriction has been approved by the Planning Authority and NatureScot (formerly SNH). Reason: In the interests of protecting environmental quality and of biodiversity. Page 121 of 142
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25. The details as approved under planning reference 20/00169/AMM relating to the location, design and maintenance of signage (Drawing References: 20/00169/60; 20/00169/61) by the developer in respect of access to the sensitive areas of reedbeds shall be fully implemented prior to the occupation of any of the units on the site. Reason: In the interests of protecting environmental quality and of biodiversity. 26. The details as approved under planning reference 20/00169/AMM of the preparation, content and publicity through leaflets relating to the restriction of access to the sensitive areas of reedbeds (Drawing Reference: 20/00169/45) shall be distributed to the approved dwellings in accordance with agreed timescale. Reason: In the interests of protecting environmental quality and of biodiversity. 27. No development shall be occupied on any phase of the site until the local access road network improvements approved under planning permission 16/01491/FLL has been implemented and made operational to mitigate the traffic implications of the development, to the satisfaction of the Council as Planning Authority. Reason: In the Interest of vehicle and pedestrian safety. 28. Prior to the completion of any residential plot, details of the bus stops shown in the approved Housing Layout Plan of planning application 20/00169/AMM (drawing numbers 20/00169/47 and 20/00169/48) shall be submitted to the Council as Planning Authority in consultation with the Council's Public Transport Unit for approval. The agreed detail shall thereafter be implemented prior to the completion of the 50th dwelling. Reason: In order to ensure that associated local sustainable infrastructure improvements are undertaken to adequately accommodate the impact of the development proposed. 29. Agreed details relating to the location, design and maintenance of the priority signage at the Inchmichael Cutting (Plan ref: 20/00169/36) shall be fully implemented prior to the occupation of any units on the site. Reason: In the Interest of vehicle and pedestrian safety. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None. Page 122 of 142
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Informatives 1. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: - Displayed in a prominent place at or in the vicinity of the site of the development - Readily visible to the public - Printed on durable material. 3. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 4. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council as Roads Authority Road Construction Consent (RCC) to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 5. The applicants are advised that they must apply to the Roads Authority for construction consent to form a new street. All correspondence relating to Road Construction Consents should be sent to RCC@pkc.gov.uk. 6. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 7. The applicant is advised that the works may need a license under the Water (Controlled Activities) Regulations 2005 (CAR). The applicant should contact SEPA's Perth Environmental Protection and Improvement Team (Tel: 01738 Page 123 of 142
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627989) in regard to this. The applicant should ensure that all works on site comply with the best practice guidelines laid out in SEPA's published Pollution Prevention Guidance, found at www.sepa.org.uk. 8. The Council's Public Transport Unit in the Environment Service should be contacted to clarify the bus service requirements for the development. 9. Any further applications should take into account the possible increase of traffic over all Level Crossings in the area and the impacts this may have on the reliability and frequency of the rail service. 10. The presence of protected species, and the extent to which they could be affected by the proposed development, should be established before works commence. Should protected species be identified within the site the developer should ensure that all appropriate measures required to comply with the relevant legislation are carried out. 11. The applicant is reminded that, under the Wildlife and Countryside Act 1981,as amended, it is an offence to remove, damage or destroy the nest of any wild birds while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. 13. There is a Section 75 legal obligation associated with this planning permission, which relates to 16/00099/AMM. A copy is available to view on the Council's Public Access portal. Background Papers Letters of representation 0 Authors Name Designation Contact Details Gillian Peebles Planning Officer (Majors) developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 20 February 2026 Page 124 of 142
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Ü Section 42 to modify condition 8 (finish floor level) of permission 22/01827/AMM at Morris Leslie, Errol Airfield, Grange, Errol 25/01441/42M Scale 1:30,000 Planning and Placemaking Committee - 11 March 2026 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(ii) Page 125 of 142
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Ü Section 42 to modify condition 8 (finish floor level) of permission 22/01827/AMM at Morris Leslie, Errol Airfield, Grange, Errol 25/01441/42M Scale 1:15,000 Planning and Placemaking Committee - 11 March 2026 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(ii) Page 127 of 142
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Perth and Kinross Council Planning and Placemaking Committee - 11 March 2026 Report of Handling by Development Management and Building Standards Service Manager (Report No. 26/65) Proposal: Change of use of agricultural land to form extension to gypsy/traveller pitch, erection of kennels, amenity block, fence and associated works (in part retrospect) Location: 4B Greenacres, Blairadam, Kelty, KY4 0JA Ref. No: 18/02341/FLL Ward No: P8 - Kinross-shire Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1. Planning permission is sought for a change of use of agricultural land to form an extension to gypsy/traveller pitch, erection of kennels, amenity block and a fence. The application is partly in retrospect as the pitch had been extended, kennels and fence erected before the application was submitted. The amenity block has not been constructed although a separate ancillary building has been erected without planning permission. That building is not within the red line site boundary and the development may need to be regularised via another planning application or a certificate of lawfulness. 2. The original works were undertaken in 2014 with the planning application being submitted in 2018 following enforcement interest in the site. The determination was delayed whilst information on the foul water drainage infrastructure arrangements were sought. Sadly the agent also passed away and there was a break in the chain of communication to the extent that the application was not revisited until recently in an attempt to clear applications that have remained undetermined for long periods of time. 5(2)(i) Page 129 of 142
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Site History 3. 10/00732/FLL Full Planning Permission was approved on 8 September 2011 for Formation of hardstanding, installation of four permanent mobile homes and ancillary work Environmental Impact Assessment 4. The proposal is not EIA development. Pre-Application Consultation 5. Pre application Reference: No pre-application advice was sought for this proposal however the application was submitted as a result of enforcement interest. Development Plan 6. The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 7. The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 8. The Council’s assessment of this application has considered the following policies of NPF4: Policy 1: Tackling the Climate and Nature Crises Policy 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Policy 4: Natural Places Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 16: Quality Homes Perth and Kinross Local Development Plan 2019 9. The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. Page 130 of 142
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10. The principal relevant policies are, in summary; Policy 1A: Placemaking Policy 1B: Placemaking Policy 6: Settlement Boundaries Policy 17: Residential Areas Policy 21B: Gypsy/Traveller Sites: New Sites Policy 46A: Loch Leven Catchment Area Policy 46B: Loch Leven Catchment Area Policy 53A: Water Environment and Drainage: Water Environment Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 53E: Water Environment and Drainage: Water Supply Policy 39: Landscape Policy 41: Biodiversity Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC Planning Guidance - Planning & Biodiversity National Guidance 11. The Scottish Government expresses its planning policies through Planning Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Those relevant are listed below. Planning Advice Notes 12. The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: Page 131 of 142
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Creating Places 2013 13. Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 14. Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 15. This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Local Place Plans 16. Local Place Plans are community-led plans setting out proposals for the development and use of land and set out a community’s aspirations for its future development. The application site is not in an area where there is currently a Local Place Plan. Consultations 17. As part of the planning application process the following bodies were consulted: External 18. Cleish and Blairadam Community Council - Object that the extension to the site is contrary to the Local Development Plan and out of character with the settlement. 19. Scottish Environment Protection Agency (SEPA) - Initially objected due to lack of information. Objection was withdrawn following receipt of further information. Internal 20. Transportation and Development - No objection. 21. Environmental Health (Contaminated Land) - No objection. No known ground contamination. 22. Development Plan - Comments provided on LDP2 policies 6 settlement boundary, 46 Loch Leven Catchment and 21 Gypsy/Travellers’ sites Page 132 of 142
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Representations 23. One representation of objection was received from the Cleish and Blairadam Community Council. The main issues raised within the representations are: • Contrary to policy • Out of character • Potential for built development outwith the existing built environment. 24. A late objection was also received voicing similar concerns. 25. These issues are addressed in the Appraisal section of the report. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal AA completed Design Statement or Design and Access Statement Planning statement submitted Report on Impact or Potential Impact eg Flood Risk Assessment Not required Appraisal 26. Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 27. National Planning Framework 4 (NPF4) Policy 16, Quality Homes, supports the provision of accommodation for Gypsy/Travellers. This application relates to improvements and extension to an existing pitch on an existing Gypsy/Travellers site originally approved in application 10/00732/FLL. The extension, which is retrospective, takes the site outside the settlement boundary to the south of the adopted LDP2 settlement boundary for Greenacres. 28. Policy 6 states that: “For those settlements which have a boundary defined in the Plan, built development will be contained within that boundary. Development on sites that adjoin these settlement boundaries will only be permitted where the proposal is:… Page 133 of 142
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(b) justifiable on the basis of a specific operational and locational need and it can be demonstrated that there are no suitable sites available within the settlement boundary; 29. The proposed built development outside the settlement boundary is the erection of a kennel unit approximately the size of a large garden shed. The extent of built development outside the boundary is therefore limited and can be accepted as a specific operational need for the site, without detriment to the wider character of the area. 30. Policy 21 Gypsy/Travellers’ Sites of LDP2 protects existing sites and alsosupports proposals for sites and provides guidance for new sites. These standards are considered relevant in assessing the site extension. Criteria (a) refers to the site size. This development does not dramatically increase the site size and creates a larger pitch with greater flexibility for the residents. 31. Criteria (b) refers to the physical character and landscaping of the site. The pitch extension does not extend the overall site excessively beyond any of its existing boundaries and is set back from the B996 road behind another pitch. The fence and maturing planting provide adequate landscaping in keeping with the nature of the settlement. 32. Criteria (c) refers to the environmental compatibility of the site with neighbouring uses. The principle of the pitch is established, with limited additional accommodation proposed. No concerns arise from the proposed use, and the land to which the site extends into is categorised as Grade 5.3 in the Land Capability for Agriculture and is therefore of poor quality. 33. Criteria (d) and (e) are not relevant as no additional sites are being proposed, merely the extension of an existing pitch. 34. Criteria (f) refers to the need for a safe environment. The additional space and fencing/landscaping, given its retrospective nature, already provides a safer environment for the use of the site. 35. The proposal is therefore considered to accord with Development Plan policy specifically policies 6 and 21 of LDP2. 36. The proposal also includes an amenity block which at the time of the submission of the planning application had not been built. Recent discussion with the applicant indicates that this block will not now be built however it is considered that it is still appropriate to determine the application to rectify the unauthorised pitch extension. The block, if ever constructed, would improve facilities for the residents and the principle is accepted. The proposal site is within the Loch Leven Catchment where policies 46A and B of LDP2 seek to ensure that developments do not impact on the ecological importance of the Loch. This aspect is addressed in the report below. Page 134 of 142
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Design and Layout 37. The development is of a modest scale and relates to an existing use. The amenity building is located close to the existing static caravan. The development does not adversely impact on the built or natural environmental and is compatible with the character and amenity of the area. Landscape 38. The site is located to the rear of other caravan pitches over 50m metres from the B996 public road. The extension to the pitch is to the south of the site and to the rear of other pitches and as such is in a discrete location with some landscaping along the boundary. There will not be an impact on the wider landscape character of the area. Residential Amenity 39. The proposal is compatible with the residential use of the site and will not impact on residential amenity of neighbours. Visual Amenity 40. The scale, location and design of the proposal will ensure that it will not have an adverse effect on visual amenity due to the low-key aspect of the development. Roads and Access 41. There will be no intensification of use on the site and as such there are no roads or access implications with this development. Drainage and Flooding 42. The site is within the Loch Leven Catchment where policy 46A and B of LDP2 applies. Planning permission was approved in 2010 for four mobile home pitches that included a new treatment plant and requirement for mitigating foul drainage infrastructure being installed. These provisions were subject to a section 75 legal agreement. Further detail of phosphorus mitigation was provided at the request of SEPA and the applicant produced details of phosphorous mitigation dating back to 2010. The properties used for mitigation were at 1 and 2 Lochran Farm Cottages, Blairadam, Kelty, KY4 0HX. The mitigation proposed (to upgrade 2 cottages from a septic tank to treatment plant) was considered by SEPA to meet the mitigation required and as such SEPA withdrew their objection. 43. It is noted by SEPA that the provision of phosphorous mitigation to ensure that total phosphorous from built development does not exceed the current level is a separate issue to the CAR licence. The approval of submitted phosphorus mitigation details through the planning process is therefore made without prejudice to any CAR licence application and does not infer that the CAR licence application(s) will be approved. Page 135 of 142
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44. An informative will be attached highlighting the requirement for compliance with the Controlled Activities Regulations (CAR) for the mitigating property at Lochran Farm Cottages and the on-site treatment plant. 45. The proposal meets the requirements of Loch Leven Catchment policy 46A and B of LDP2. Contaminated Land 47. A search of the historic records did not raise any concerns regarding ground contamination. Waste Collection 48. There are no changes to waste collection arrangements as a result of this proposal. Conservation Considerations 49. The site is not within a conservation area. There are no listed buildings in the vicinity. There is no impact on built heritage assets. Natural Heritage and Biodiversity 50. NPF4 requires all local planning applications to enhance biodiversity. In this case trees have been planted along the boundary which will add to the biodiversity enhancement of the site. This is sufficient for a development of this scale. Developer Contributions 51. There is no requirement for developer contributions in relation to this proposal. Economic Impact 52. The economic impact of the proposal will be minimal. Variation of Application Under Section 32A 53. This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate an additional document; Addendum to Planning Statement. Planning Obligations and Legal Agreements 54. None required. Page 136 of 142
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Direction By Scottish Ministers 55. Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. Conclusion and Reasons for Recommendation 56. To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason: This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. There shall be no additional chalets placed on the site and no subdivision of the pitch. Reason: In order to clarify the terms of the permission. JUSTIFICATION The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. PROCEDURAL NOTES None. INFORMATIVES 1. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Page 137 of 142
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Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 2. An application for Building Warrant may be required. 3. Authorisation under CAR is required by SEPA for the mitigating property at Lochran Farm Cottages as well as for the development at Greenacres as currently neither are authorised discharges. As these fall within the Loch Leven Catchment they automatically escalate to level (regardless of population equivalent), however, they may be charged at 'registration' level and the forms can be found at the following link: www.sepa.org.uk/regulations/authorisations-and-permits/application-forms/ The applicant should liaise with SEPA's Fife regulatory team at SEPA’s Glenrothes Office on these regulatory issues. 4. The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority 5. This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate an additional document; Addendum to Planning Statement. Background Papers Letters of representation 1 Authors Name Designation Contact Details Persephone Beer Planning Officer developmentmanagement@pkc.gov.uk Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 26 February 2026 Page 138 of 142
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Ü Change of use of agricultural land to form extension to gypsy/traveller pitch, erection of kennels, amenity block, fence and associated works (in part retrospect) 4B Greenacres, Blairadam, Kelty, KY4 0JA 18/02341/FLL Scale 1:10,000 Planning and Placemaking Committee - 11 March 2026 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(i) Page 139 of 142
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Ü Change of use of agricultural land to form extension to gypsy/traveller pitch, erection of kennels, amenity block, fence and associated works (in part retrospect) 4B Greenacres, Blairadam, Kelty, KY4 0JA 18/02341/FLL Scale 1:5,000 Planning and Placemaking Committee - 11 March 2026 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(i) Page 141 of 142
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